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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.
On June 2017, the Defendant would pay KRW 1 million per account to a person who was unable to know the name of “the head of a Tong” from a person who was unable to know the name of “the head of a Tong”, by opening an account in the name of a juristic person and transferring an access medium connected with that account after establishing a Sin Ma Corporation as his/her representative.
“In receipt of the proposal, on June 1, 2017, the Suwon District Court’s 65, U.S. registry office, as the Defendant, established a limited company C, as the director of the Defendant. On June 8, 2017, it registered a business operator for the limited company C at the Sungsung District Tax Office located in 27, J. S., N. on June 13, 2017, South Korea sent the No.C. deposit account (Account Number: D) in the name of the limited company C in the name of the Namdong-dong-dong, N.S., the number of account numbers of which was entered, to those who cannot know the name at the Frandong-si’s store at that time, using K.C.’s access to the said deposit account, the cash card, the 1OT card and the password, the number of account numbers of the P.S., the number of which was entered.
Accordingly, the defendant transferred the access media to the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the statement made to G by the police;
1. Application of Acts and subordinate statutes, such as a trading specification table and a customer information inquiry table;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. The act of transferring a medium of access to electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the grounds for sentencing) is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the transferred access medium for criminal acts, such as telephone financing fraud.