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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer or acquire a means of access for electronic financial transactions.
Nevertheless, on May 3, 2018, the Defendant received a cell phone call from a person in charge of a liquor company to the effect that “if another person’s account needs to send a physical card, and the account number and password are notified, the Defendant will bring KRW 2,100,000 per account” from the person in charge of a liquor company to the effect that the Defendant would transfer the Defendant’s account.
On May 29, 2018, the Defendant, at the “C” office located in Daegu-gun District Court B, sent a physical card connected to the Defendant’s bank D account in the name of the Defendant through a door-to-door and sent the password to the name-to-face holder the means of electronic financial transactions.
Accordingly, the Defendant transferred the means of access to electronic financial transactions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Official receipt;
1. Application of reply statutes to a request for information on financial transactions;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of transferring a means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes. Thus, the nature of the crime is not good, and the fact that the means of access transferred by the defendant was actually used for the crime of fraud is disadvantageous.
However, there is no benefit from the crime of this case, the fact that there is no particular evidence of punishment other than the sentence of a fine of KRW 1.5 million due to drinking driving around 2016, and the defendant's age, character and behavior, environment, family relationship, and means of crime.