Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.
Nevertheless, on December 2016, the Defendant would offer a loan by creating the transaction details and making it possible for the Defendant to give one million won per account when sending the account from a person who is in the name of the Defendant.
On January 2017, 2017, 6 financial accounts were opened in the name of the said corporation after the incorporation of a limited company B, a corporation, around around January 201, for the purpose of transferring a financial account to a name-oriented person.
On August 2017, the Defendant, at the entrance of “the head and 4 official permanent resident registry” located in 20-28, Goyang-si, Seoyang-si, Seoyang-si, Chungcheongnam-si, the Defendant transferred the electronic financial transaction access media using Kwikset Co., Ltd. to a person whose name is not known, using Kwikset’s service, six passbooks related to the corporate accounts listed in the attached list, such as the Korea Bank Account of B of the limited company B established as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Each certificate of deposit transactions;
1. Details of transactions of deposits and withdrawals;
1. Inquiries about the details of liquidity transactions;
1. Application of statutes to the business registration certificate, all registered certificates, and membership list;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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 Act are as follows: (a) transfer of a number of accessible media with the reasons for sentencing; (b) the fact that a crime was committed using the access media above is disadvantageous; (c) the first offender is the first offender; and (d) confession and reflect of the crime; and (c) other favorable circumstances are considered in consideration of all the conditions for sentencing as prescribed by Article 51 of the Criminal Act, and the punishment as ordered