Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No one shall lend any access medium while requiring or promising to give a transaction instruction in electronic financial transactions or use and manage any access medium which is a means used to secure the authenticity and accuracy of users and transaction details.

Nevertheless, around 10:20 on January 18, 2018, the Defendant borrowed the head of Tong necessary for gambling at around 1136, 1136, the head of Gyeyang-gu, Incheon, the head of Gyeyang-gu, to receive KRW 300,000 per day on a day before the walket active duty service, and replaced the physical card and password connected to the new bank account (B) in the name of the Defendant with the name of the party in whose name the name the defendant was omitted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s mistake in sentencing Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order caused the victim of the phishing fraud.

There is no effort for the defendant to recover the damage.

However, the defendant recognized his mistake and reflects it, and there is no criminal history prior to this case.

The defendant does not have any profit actually earned from the crime of this case.

In addition, the punishment for the defendants of similar cases shall be determined by comprehensively taking into account the following factors: equity of the defendants, age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records.