Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall transfer any medium access to electronic financial transactions.

Nevertheless, on November 2016, the Defendant received the word “on the face of sending a e-mail card, the Defendant would offer two million won per account” from a person without his name. On November 17, 2016, the Defendant transferred the e-mail access media of electronic financial transactions by inserting the e-mail card, which is linked respectively to the e-mail’s account (C) and the national bank account (D) in the name of the Defendant, on the front of the Defendant’s dwelling in Seo-gu Incheon, Seo-gu, Incheon, around November 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to notify deposit lists and data on financial transaction status;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of selective fines for punishment (the following factors shall be taken into account in sentencing):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

The fact that the defendant's access media that has been transferred to the criminal organization was actually used for phishing crimes, and the damage has not been recovered is considered to be disadvantageous.

The sentencing factors, including the transfer process of the access media, the number of sandbars, the amount of damage, the character and conduct of the accused, the record of good crime, etc. shall be determined