Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer a means of access in using or managing an electronic card and password, which is a means of access to an electronic financial transaction.

Nevertheless, the Defendant consulted from a person whose name is unknown to the effect that “I will lend five million won to him/her, if you send a physical card.” On May 13, 2019, the Defendant sent the physical card, which is a means of access linked to the national bank account (D) opened in the name of the Defendant, before the building C of the building B of the Yan-gu Seoul Special Metropolitan City on May 13, 2019, to a person whose name is unknown through Kwikset service articles, and notified the above physical card password to the Kakao Stockholm message.

Accordingly, the Defendant transferred a physical card and password connected to a bank account, which is a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning the details of account transactions (E-bank account) and Kakao Stockholm dialogue;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Article 62 (1) of the Criminal Act (i.e., a confession, the primary offender, and the transfer of a personal check with the belief of, and the statement of, the need for the loan, there are circumstances to consider the transfer of the check and the fact that no benefit has been obtained);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;