Text
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 person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.
Nevertheless, on March 2018, the Defendant received text messages stating that “When sending a physical card, the Defendant will give KRW 3 million” from a person who was named as a police officer, and accepted the said proposal. At that time, the Defendant sent one physical card connected to the BF’s account under the name of the Defendant via Kwikset service engineer, and then transferred the means of access to notify the person who was named in the name, of the password by telephone.
Summary of Evidence
1. Defendant's legal statement;
1. New warrant documents;
1. Application of Acts and subordinate statutes to D’s petition (including a certificate of confirmation attached thereto);
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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the instant physical card was used for the crime of Bosing, thereby causing actual damage.
However, it is advantageous to the fact that the defendant's mistake is recognized and there is no record of punishment for the same kind of crime.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.