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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
No person shall transfer a means of access for electronic financial transactions, such as an electronic card and password.
Nevertheless, around September 4, 2013, the Defendant received a communication from a person who was unable to obtain a passbook from his name, and consented to the proposal. On September 26, 2013, the Defendant sent a passbook and check card linked to the Defendant’s agricultural bank account (Account Number:B) to the Defendant’s account in front of the exit-dong No. 2 in Songpa-gu, Songpa-gu, Seoul. On September 26, 2013, using Kwikset’s service.
Accordingly, the Defendant transferred the means of access for electronic financial transactions.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of C’s written laws and regulations
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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the main charge) of the provisional payment order;
1. No person charged may lend any means of access for electronic financial transactions, such as an electronic card and password;
Nevertheless, around September 4, 2013, the Defendant: (a) received a proposal from a person who has no personal name to use the passbook and e-mail card; (b) the head of the Tong and e-mail card will be used for a maximum of three months; and (c) accepted it on September 26, 2013; and (d) delivered each passbook and e-mail card linked to the Defendant’s agricultural bank account (Account Number:B) in front of the exit-dong-dong, Songpa-gu, Seoul, Macheon-dong, and then delivered it to the above person who has no personal name, using Kwikset Service.
Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.
2. Determination
A. The former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”) provides for the consideration under Article 6(3)2.