A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 1902] No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, on April 2016 to May 5, 2016, the Defendant opened a bank account in the name of the Defendant, and opened a bank account in the name of the said corporation (C) in the name of the Defendant, and issued the passbook, check card, and OTP card to the needy in the former city at around that time.

[2016 Highest 2367] No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant listened to the speech that “If a corporation is established under the name of the Defendant and it is transferred by creating a passbook in the name of the corporation, the Defendant would give KRW 300,000 per one,” and around May 13, 2016, the Defendant offered one passbook, one physical card, and one OTP to the non-explose of the passbook (E) opened by the Defendant at the national bank located in Gwangju, the national bank located in Gwangju.

Summary of Evidence

common:

1. Statement by the defendant in court;

1. A written prosecutorial statement of the defendant [2016 senior order 1902]

1. A written statement or statement of the F and G;

1. A certificate of deposit confirmation, the contents of the Kakao dialogue, a certificate of transfer confirmation, and each reply data (2016 High Court Order 2367);

1. Statement made by the police with H;

1. A written petition;

1. Details of transactions in national bank accounts and replies to requests for provision of financial transaction information;

1.Each investigation report - Specific amount of damage, application of criminal account number verification legislation;

1. Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions and Trade and the choice of imprisonment, respectively, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the fact that the defendant established a passbook under the name of each corporation and transferred the passbook is not sufficient to commit each of the crimes of this case; and (b) the fact that the fraud damage has occurred.