전자금융거래법위반
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person may transfer or acquire a means of access in using and managing the means of access.
Nevertheless, on September 2019, the Defendant received a proposal from a person who has no name but to establish a corporation and opened an account in the name of the juristic person and opened a passbook to collect money from the account in the transfer of passbook, etc., and decided to transfer the document necessary for the establishment of the juristic person to the person who has no name and to the person who has no name but has opened an account in the name of four juristic persons, including B, etc. established by the Defendant as the representative, and then transfer the document to the person who has no name.
On November 8, 2019, the Defendant opened a bank account (D) in the name of Cbank B, and on the same day, delivered and transferred a passbook, e-mail card, OTP card, etc. connected to the above account to the account in front of the Cbank E-Financial Center located in Eunpyeong-gu Seoul on the same day, and transferred the means of access, such as a e-mail card, OTP card, etc. connected to the total of eight accounts, such as the attached list of crimes, to December 19, 2019.
Summary of Evidence
1. Application of Acts and subordinate statutes to a report on data investigation (Attachment to a certified transcript of corporate register established in the name of a suspect A), and a report on investigation (Attachment to the current account opened in the name of a juristic person);
1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297, May 19, 202)
1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act (the same date and time between each of the crimes of violating the Electronic Financial Transactions Act that has transferred each means of access);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant is recognized as committing the instant crime and is against the law.
Defendant has previously been punished for the same kind of crime.