Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 2017, the Defendant received a text message stating that “on the face of the transfer of an access medium to the account, the Defendant would use it for the Internet Bada gambling, and offer 2% of the fee,” and promised to send an access medium to the account by communicating with the above-mentioned person. On October 18, 2017, around 13:00, the Defendant sent a physical card, which is a access medium to the account (C) of the Defendant’s name, from the Gankker Terminal in Gwangju-gu, Gwangju-gu, U.S., U.S., 2017, by sending it to the Defendant’s name, via a high-speed bus service, from the Defendant’s bank account (C). On October 18, 2017, the Defendant sent the password of the said account to the above-known person by communicating with the said name Kakaox.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the details of trading automated machines, the Kakao Stockholm message output Acts and subordinate statutes;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant's mistake is recognized; the defendant has no record of being sentenced to a fine once in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2004; the pertinent approach medium was used for the so-called Bosing phishing crime; the defendant transferred another's access medium beyond simply transferring another access medium and transferred money deposited into the account.