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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
No one shall transfer a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of such transaction with users and other users unless otherwise expressly provided for in other Acts and subordinate statutes.
At the end of January 2019, the Defendant sent the Defendant’s Nonghyup Bank (B) account and password, a physical card connected to the account, an OTP (one-time password), etc. to the needy party by way of express bus delivery, in order to receive money from the Defendant on the Internet.
Accordingly, the Defendant transferred the means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the contents of the transaction with users and users.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Police suspect interrogation protocol (public inspection document) regarding C;
1. Written complaints and statements of D;
1. Investigation report (the result of execution of a warrant of seizure, search and inspection No. 2019-926);
1. Application of Acts and subordinate statutes on details of the transaction of victims, list of witnesses C;
1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;