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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In using and managing the means of access, no one may transfer the means of access unless otherwise specifically provided for in other Acts.
[2018 High Court Decision 537]
1. The Defendant listened to the phrase “once the Nong Bank Account, Cash Card, and OTP was transferred, the Defendant sent Kwikset service articles who sent the above-mentioned names to Kwikset service articles who sent the above-mentioned names on the front of the “B” road located in Suwon-si, Suwon-si, from August 2017 to 9, 2017, with a 3-6-month transaction performance by accumulating Bank Account, cash card, and one cash card connected to the above passbook, and one OTP card connected to the above passbook.
[2018 Highest 2063]
2. Around June 1, 2016, the Defendant: (a) received a proposal from a person who misrepresented a lender before the Defendant’s house located in Suwon-si District D to the effect that “I would have a corporation establish the corporation and obtain a loan by accumulating the transaction performance in the name of the bank; and (b) sent the means of access, such as cash cards, OTP, and authorized certificates, connected to the account under the name of the Defendant-based limited company E (F) established by the Defendant using Kwikset Service; (c) around that time, the Defendant transferred the means of access to seven accounts established by the Defendant, such as cash cards connected to the account under the name of the Defendant, as described in the attached list of crimes, to August 31, 2017.
Summary of Evidence
[2018 High Court Decision 537]
1. Statement of the accused in the second protocol of trial;
1. Police suspect interrogation protocol of the accused;
1. Documents and written statements of G;
1. Inquiry into the results of transfer, the certificate of electronic financial transfer, and the details of financial transactions of the Nonghyup Bank;
1. Statement of the accused in the second protocol of trial;
1. A statement of fact inquiry into the national bank, post office, Japanese bank, Korean bank, Gwangju Bank, and Nonghyup Bank in this Court;
1. Each prosecutor's protocol of examination of the accused;
1. Each police statement made to H and I;
1. Account Transfer Statement;