Text
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
[2015Gohap115] On June 5, 2014, the Defendant transferred the means of access, such as the passbook, securities card, and password, under the name of the Defendant, to a person who was not aware of his/her name, in front of the calendar station located in Gangnam-gu Seoul, Gangnam-gu, Seoul.
[2015 fixed4] No person shall transfer a means of access in using and managing the means of electronic financial transactions, unless otherwise specifically provided for in any other Act.
Nevertheless, on May 28, 2014 or 29:30 of the following day, if the defendant sent a passbook, he/she received a proposal from a person who is not entitled to receive KRW 3 million per one, KRW 2,000,000,000 per two, and consented thereto, and he/she transferred the means of access, such as the physical card and password of the bank account in the name of the defendant, Dongyang Total Finance Co., Ltd in Gangnam-gu, Gangnam-gu, Seoul, through Kwikset service.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Certificates of deposit transactions and data related to the submission of victims;
1. Financial transaction information:
1. A warrant of search, seizure, verification and reply;
1. Application of Acts and subordinate statutes to investigation reports (report on details of suspect currency and attachment of indictment);
1. Article 49 (4) 1 and Article 6 (3) 1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;