Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On December 5, 2017, the Defendant received KRW 3 million per account from any person on the roads near Yongsan-gu Seoul Metropolitan City, Yongsan-gu, and transferred a physical card linked to the SC Japan Bank Account (Account Number B) and the National Bank Account (Account Number C) in the name of the Defendant to the above person along with a password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of transfer results;

1. Application of Acts and subordinate statutes on warrant answer materials;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime, including the content and result thereof, is not that of the crime.

However, the defendant shows his attitude to see and reflect his mistake.

There is no record of criminal punishment against the defendant.

The damage to the telephone financial fraud by using the instant check was considerably recovered.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.