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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall transfer or take over any access medium in using and managing any access medium of electronic financial transactions, unless otherwise specifically provided for in any other Act.
On December 1, 2015, the Defendant decided to transfer a cash card on the condition that the Defendant communicates the nameless winners who became aware of the Internet advertisement report and receives KRW 2 million. On the same day, the Defendant transferred the access media by issuing a cash card connected to the Defendant’s name bank account (C) to the article sent by the Defendant’s nameless winners from the front day of the Defendant’s house located in YY-gun, Nam-gun, the same day prior to the said date, and informing the nameless winners of the password by telephone.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A statement of transfer (E and seven cases) applying Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);
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;