1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

No person shall transfer a means of access.

Nevertheless, on July 24, 2019, the Defendant promised to borrow KRW 3 million from a person who was unaware of the name who misrepresented as an employee of an individual borrower, and transferred one physical card connected to the account (C) in the name of the Defendant in the name of the principal at the Defendant’s residence in Bupyeong-si, Busan. On the same day, the Defendant transferred one physical card to the above person via Kwikset service engineer.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as details of trading, account trading details, and Kakao dialogue;

1. The pertinent statutory provisions and the selective prosecutor of punishment regarding criminal facts stated in the applicable statutory provisions of Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act. However, in light of the facts charged, such provision appears to be a clerical error in the text of Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, and thus, they are corrected ex officio as there is no impediment to Defendant’s exercise of right to defense.

Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (Selection of Fines)

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Scope of recommending sentencing criteria: Non-application of the sentencing criteria;

3. Determination of sentence: A fine not exceeding 3 million won means of electronic financial transactions lending is an offense that undermines the security and trust of financial transactions, and the leased cards, etc. may be abused as means of other crimes;

In fact, the means of access leased by the accused is used for the crime of Bophishing fraud, and the responsibility of the accused is not less than that of the accused.

However, there is no direct acquisition of benefits by the defendant for this crime, and there is no punishment for any crime.

The age, character and conduct, family environment, and crime of the defendant.