Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On May 15, 2014, the Defendant transferred the means of access for electronic financial transactions, such as cash cards and passwords, to the post office account under the name of the Defendant, to the name in front of the session in Dongdaemun-gu, Seoul, using Kwikset Service.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Statement of deposit transactions;

1. Answer to a request for the provision of financial transaction information;

1. Application of Acts and subordinate statutes governing non-prosecution decision;

1. Article 49 (4) 1 and Article 6 (3) 1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015);

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Around May 2014, the Defendant reported and contacted text messages to the effect that the Defendant would give a loan from an unqualified person on his/her name.

In order to improve the credit performance for loans or transaction performance, the person who has not made a statement of name will transfer the defendant's cash card to the defendant.

As a result, the Defendant transferred a cash card as stated in the facts charged to him/her at the end of the above unclaimed box, and informed him/her of the password (hereinafter referred to as “the means of access of this case”) by referring to the said cash card and password, but this is merely merely a temporary receipt of the means of access to obtain a loan, and is not a transfer thereof.

Therefore, the defendant's act is not the act of transferring the means of access prohibited by the Electronic Financial Transactions Act, nor is there any intention related thereto.

2. Determination

A. Article 49(4)1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015; hereinafter “Electronic Financial Transactions Act”) violates Article 6(3)1 of the said Act.