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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer or take over any access medium in using or managing any access medium used in electronic financial transactions.
On May 2017, the Defendant: (a) received a proposal from a name-free bond company around the Nam-gu Incheon Nam-gu sand market to “to extend the due date for repayment of interest on existing loans if the transfer of the check is made; and (b) transferred the check card connected to the name of the Defendant’s securities account through Kwikset Service.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on deposit details and account transaction details;
1. Relevant legal provisions concerning criminal facts, Articles 49 subparag. 1 and 6 subparag. 3 subparag. 1 of the Act on Electronic Financial Transactions through which punishment is chosen, and the choice of a fine (see, e.g., that access media transferred by a defendant was actually used for committing an illegal lending business, but the defendant has no criminal record for the same kind of offense, and that he/she reflects his/her mistake);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;