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

Except as otherwise provided for in any other Act, the means of access to electronic financial transactions shall not be transferred or acquired.

Nevertheless, on February 2015, when the Defendant lacks the ability to discern things due to a Gyeongdo’s intellectual disorder, the Defendant was asked to transfer the passbook, etc. after receiving a proposal from Gyeong, who is the land owner, to “to offer KRW 5 million if it goes beyond the passbook of the new bank account and the e-mail card.” On March 11, 2015, around March 11, 2015, the Defendant transferred the means of access to electronic financial transactions by informing Da of the passbook and one e-mail card to the new bank account (Account Number D) opened on the same day at the PC located near the Mapo-gu Seoul Metropolitan Government Dongdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition;

1. Each deposit certificate, detailed statement of transactions, and written confirmation of the results of transfer;

1. Application of the details of each bank transaction and the Acts and subordinate statutes governing user information inquiry;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts

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

1. Selection of an alternative fine for punishment;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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

1. For reasons unfavorable to sentencing under Article 334(1) of the Criminal Procedure Act, the transfer of the means of access to electronic financial transactions to another person may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc., and the actual account of the means of access transferred by the Defendant has been used for fraud.

A favorable reason is that the defendant recognizes all of the crimes of this case, that the defendant has no record of criminal punishment for the same kind of crime, and that the defendant has a intellectual disability in the longitude.