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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of the transaction, and a password necessary for the use of any information thereon shall be transferred.
Nevertheless, on March 13, 2018, the Defendant transferred cash cards, OTP cards, and passwords to the Cbank accounts (Account Number: D) in the name of a limited liability company B established by the Defendant to the name-discoverer through Kwikset Service before elementary schools in Songpa-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of the electronic financial transaction certificate and the transaction reply data (limited company)-related Acts and subordinate statutes;
1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access can be used for the crime, the fact that the Defendant established a false corporation and transferred the means of access, and that the means of access transferred by the Defendant was used for the crime of licensing is disadvantageous to the Defendant.
However, the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment for the same crime, etc. shall be considered as favorable to the defendant.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.