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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
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.
On November 2017, the Defendant would pay KRW 2 million per week to the head of the Tong and the physical card from a person who was in a name of the police officer on his/her name.
“A” hearing horses, on November 2017, sent a physical card, which is a means of access to the national bank account (B) in the name of the Defendant, at the Incheon Nam-gu Incheondong-gu, Namdong-gu, Incheon, to the above person without the name of the deceased through the consignment of the cargo.
Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement in the preparation of C, D, E, F, G, and H;
1. Application of Acts and subordinate statutes on the details of transfer of transactions, the details of each transaction, evidentiary materials, the details of transactions, and response data on criminal account transactions;
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the transfer of an access medium to electronic financial transactions may undermine the stability and reliability of the electronic financial transaction and may be abused for other crimes such as the singinginging fraud, etc. The mere fact that the access medium leased by the Defendant is likely to have predicted the possibility that the access medium will be used for illegal purposes in light of the fact that a large number of victims of fraud have occurred through the access medium leased by the Defendant, and the fact that the access medium could have been used for illegal purposes is unfavorable to the Defendant. The fact that the Defendant recognized the mistake and reflects the Defendant, and that there was no history of punishment exceeding the fine is favorable to the Defendant.
In this case, including the above circumstances.