Text
Defendant shall be punished by a fine of KRW 8,000,000.
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 person of the 2018 Highest 1140 shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.
Nevertheless, around May 2017, the Defendant opened the said bank account (C) at the 400 IBK Bank Daegu-gu Office of YBC branch, Daegu-gu, 2017. Around that time, the Defendant transferred the means of access to the said account by building physical cards, passwords, OTP cards, authorized certificates, etc. that are linked to the said account after receiving KRW 1 million from a person who was not entitled to his/her name at the coffee shop in the Seo-gu, Seo-gu, Daegu-gu.
around January 2018, the Defendant received from E the Defendant’s office located in Daegu-gu, Daegu-gu, to offer KRW 500,000,000 per week, “F Co., Ltd. (representative A) to offer a passbook in the name of F Co., Ltd. (H), F Co., Ltd.’s name bank account (I), F Co., Ltd.’s corporate bank account (I), F Co., Ltd.’s name bank account (J), and F Co., Ltd.’s corporate bank account (J), three passbooks, three cash cards, three OTP cards, etc. connected to F Co., Ltd.’s bank account (J), and KRW 1.5 million per week.
Accordingly, the Defendant transferred the means of access to E.
Summary of Evidence
[20185 Highest 1140]
1. Defendant's legal statement;
1. The authenticity and written statement of K;
1. Notice of data on current status of financial transactions, and detailed statement of transactions by account;
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Application of Acts and subordinate statutes to warrant answer materials and report internal investigation (in relation to the F Account of the G Bank);
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 70(1) of the Criminal Act for the detention of a workhouse.