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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.
On April 9, 2018, the Defendant: (a) contacted with a nameless person who reported a mobile phone text message; and (b) sent a physical card connected to a new bank account (D) under the name of the Defendant at the company C located in Incheon Southern-gu, Incheon, on April 17, 2018.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to financial warrant response data;
1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The transfer of electronic financial transaction access media on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to cause secondary damage, such as fraud, by abusing the crime, and the account actually linked to the access media that the Defendant transferred was used for telephone financing fraud.
On February 2, 2017, the Defendant was investigated by the police as a matter similar to the instant case, and received a disposition of suspension of indictment, etc., and transferred the approaching media to commit the instant crime.
However, there was only one access medium transferred by the defendant, resulting in economic difficulties, and there was no record of criminal punishment against the defendant.
In full view of the above circumstances, the fine shall be selected and the sentence shall be determined as ordered.