A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall transfer, acquire or lend the means of access, or establish a pledge right unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, on September 2019, opened a corporate business operator in the name of the party and opened an account in the name of the company, and sent the passbook, check card, and OTP card under the name of the company, will offer KRW 2 million.

Upon receipt of a proposal to that effect, on September 2019, a corporate bank account (C) was opened in the name of a corporate bank in the name of the bank, and was issued with a passbook and e-mail card connected to the account around that time, and an OTP card was transferred in Seoul Franchis, and around that time, the means of access was transferred to the name in the way of reporting to the name in the bank account opened by the defendant under the name of the company D, and the means of access, such as passbook and e-mail card, and OTP card, were transferred to the name influence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of the H’s written statement, response to a request for financial transaction information, transfer certificate, I, small-sum settlement certificate, statement of registration of a criminal account, statement of internal investigation, notification of data on financial transaction status, and the Acts and subordinate statutes to the companies concerned;

1. Relevant Article and the choice of a sentence concerning facts constituting an offense: Articles 40 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., Reasons for sentencing);

1. Social service: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Violation of the Electronic Financial Transactions Act) / [decision of type 1] A general crime [specific person] mitigated elements: Recommendation of simple participation.