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 transfer any medium access to electronic financial transactions.

Nevertheless, on February 20, 2017, the Defendant received a text message stating that “the Defendant would pay KRW 5 million per month, and KRW 2 million per month in case of one person,” from a person in an unsound name, and received KRW 3 million in response thereto, and around 17:30 of the same day, the Defendant transferred a physical card, which is an access medium connected to the Defendant’s post office account (D) in the name of the Defendant on the front of the convenience store located adjacent to the Nam-gu Incheon Namdong-gu B apartment, Incheon, by using Kwikkset’s service, and by informing him of the password by telephone, transferred the electronic financial transaction access media to the person in an unspecified name by means of informing him of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes about details of financial transactions;

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

The access media that the defendant transferred to the criminal organization was used as the instrument of the phishing, causing certain property damage.

However, the sentence of a fine shall be imposed by comprehensively taking into account the following factors: (a) details and consideration of the transfer of an approaching medium, the character and conduct of the accused, criminal records, the scale of damage, etc.