Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall, in using and managing a means of access, transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, around September 17, 2019, the Defendant received a proposal to the effect that “the Defendant will lend KRW 10 million to a person sending a physical card if he sent it,” and consented to the proposal, and sent a physical card to a person under whose name the Defendant was named by the Daegu-dong Post Office affiliated with the post office account (B) in the name of the Defendant at the Daegu-dong Post Office located in 58 as a seafarer of the Daegu-gu, Seo-gu, Daegu-gu, and sent the password to a person under whose name the Defendant was named, and notified the password of the said Kakao Stockholm account.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning C’s written statement by the police without passbook, reply to a request for the provision of financial transaction information, and Kakao dialogue;

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring a means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the nature of the crime is not good, and the fact that the means of access transferred by the defendant was actually used for the crime of fraud is disadvantageous.

However, in light of all the sentencing conditions shown in the arguments of this case including the defendant's age, character and conduct, environment, family relationship, means and results of the crime of this case, the defendant led to the confession of the crime of this case and the mistake is divided, there is no benefit acquired by the crime of this case, there is no record of criminal punishment, and there is no other record of criminal punishment.