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 other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on September 14, 2015, the Defendant listened to the phrase “to pay the price of KRW 3 million or KRW 3.5 million per month of a Tong-gu account” by telephone from a person who is under the name of the Defendant, and attempted to do so to the person under the name of the Defendant through the passbook (E) of the post office account in the name of the Defendant in the front of the Donjin-gu Seoul Metropolitan City, Chungcheongnam-gu, and Kwikkset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The document of F;

1. Application of Acts and subordinate statutes on response to financial transactions;

1. Articles 49(4)1 and 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 Competition;

1. Selection of an alternative fine for punishment;

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

1. Under Article 334(1) of the Criminal Procedure Act, transfer of the electronic financial transaction access medium to a third party due to unfavorable reasons for sentencing of Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for fraudulent crimes, such as licensing, etc., and the account of the access medium that the Defendant lent was actually used for fraud.

The favorable circumstances include the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no record of being punished for the same kind of crime.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.