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

The instant facts charged were corrected ex officio to the extent that the Defendant did not materially disadvantage the Defendant’s defense right.

On July 5, 2016, the Defendant transferred a physical card that is linked to the new bank account (D) in the name of the Defendant on the front of Suwon-si, Suwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Grounds for conviction under Article 334(1) of the Criminal Procedure Act against the order of provisional payment;

1. The summary of the defendant's and his defense counsel's assertion is reasonable to deem that the defendant deceivings the person who pretended to be the lender and obtained it by fraudulent means. It is difficult to view that the ownership or right to dispose of the access media with respect to the financial account, such as the passbook, has been finally transferred to another person, and it does not constitute "in the case of transfer of the access media." Furthermore, the defendant had "the criminal intent to transfer the access media" at the time of the above act to the defendant.

It is also difficult to see it.

2. In light of the fact that the Defendant was a person who received a phone from the person in a fire, and did not confirm the personal information of the person in a fire, office, etc. at the time, and did not specify the specific time, place, method, etc. of receiving a return of the access media, such act constitutes a transfer of the access media, barring any special circumstances (see Supreme Court Decision 201Do167, Jul. 5, 2012, etc.). In other words, the following circumstances recognized by the evidence duly adopted and investigated by the court, namely, the Defendant was difficult to grant a loan in a general financial right at the time.