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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Defendant A, on October 26, 2017, was sentenced to one year of suspension of execution of official duties by the Chuncheon District Court, and the judgment became final and conclusive on November 3, 2017.
【No access medium used to issue a transaction instruction in electronic financial transactions】 nor to secure the authenticity and accuracy of users and transaction details, shall be transferred or lent unless otherwise provided for in other Acts.
1. After establishing a legal entity, Defendant A opened an account in the name of the legal entity and transferred the passbook, check-up card, and so on to the name in which he/she bought passbooks, etc. related thereto, Defendant A established a corporation: (a) on July 25, 2016; (b) on October 24, 2016; and (c) on July 24, 2016, Defendant A opened a total of seven accounts, including the F Bank Account (G) in the name of Company D.
On August 2016, 2016, the Defendant: (a) opened a passbook, cash card (e.g., physical card), an OTP card, and UBS note, etc. connected to three accounts, such as the FF bank accounts in the name of the FF bank account (J) in the name of the Defendant; (b) opened a passbook, etc. connected with seven accounts in total from around the above day to November 1, 2016, as shown in Table 1, from around the following day to around the following day; and (c) received total amount of KRW 840,00,000 from the non-member of the above name.
Accordingly, the Defendant transferred the electronic financial transaction access media to a name-free person.
On August 1, 2016, at the first place of a crime list 1/2016, Switzerland-ro, D/F Bank Co., Ltd. /J Bank D/F Bank/K Bank/M /M 2016, "Policeman Co., Ltd. D/L Bank/N D/L Bank/O 3/O 2016, around November 1, 2016, L Bank East capital E/L Bank/W E/L Bank/L Bank/R in Jongno-gu Seoul Metropolitan Government P.
2. After establishing a juristic person, Defendant B has opened an account in the name of the juristic person and opened a passbook related thereto.