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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
No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.
Nevertheless, the Defendant transferred the means of access by hearing the words “for a loan, it is possible to make the details of the deposit and loan to a high level of credit rating. To create the details of deposit and withdrawal transactions, the Defendant transferred the physical card to a post office located in Seongbuk-gu around May 8, 2019, using the Defendant’s name bank account (B) and delivering one copy of the physical card connected to the Defendant’s name to an unspecified person.”
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Details of transfer;
1. Application of the statutes on search, seizure, verification warrant and reply;
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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order;
1. Around May 8, 2019, the above-mentioned person under whose name the Defendant’s account was delivered from the Defendant’s name bank account, and then called the victim C by visiting the lending company on May 9, 2019, following the receipt of the Defendant’s bank account, and then called the false statement that “low interest rate substitute loan can be made, but the loan can be made if repayment is made with low interest rate loan, credit card loan, and cash service was received.” The above person under whose name the Defendant’s name was transferred to the Defendant’s bank account.” On the same day, he received 70,000,000 won from the victim to the Defendant’s bank account on the same day, and acquired pecuniary profits equivalent to the above amount.
After the date, the person who was named in the name of the defendant was in possession of the same day, and he is connected with the national bank account in the name of the defendant.