Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
【Defendant A’s past record of crime committed on February 24, 2017, who was sentenced to a suspended sentence of two years on March 4, 2017 by the Seoul District Court for the violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on March 4, 2017.
[Criminal Facts]
1. The defendant A shall not transfer any access medium used in electronic financial transactions;
Nevertheless, the Defendant heard the horses that “in order to obtain a loan, he/she must create an account under the name of the corporation and store a performance,” and around September 9, 2016, the Defendant transferred the passbook, physical card, OPT, etc. connected to the new bank account (F) in the name of the Defendant, which is the representative of the Defendant in front of the D cafeteria located in the Jeonsan-gu Seoul Special Metropolitan City (U.S.).
2. The defendant B shall not transfer any access medium used in electronic financial transactions.
Nevertheless, the Defendant heard the phrase “G” from the person who created a corporate passbook from “G” to “I will give KRW 2.50,000 won per a face-to-face account.” On April 12, 2016, the Defendant received KRW 2.50,000 from the Nonghyup Bank located in Ansan-si, which was represented by the Defendant, and transferred the access media to the said “G”, such as a passbook, a passbook, and an OPT connected with the National Bank Account (J) and a post office Account (K).
Summary of Evidence
1. A statement made by the Defendants in the first and third public trial records to the extent that the statement is made by the Defendants;
1. Statement by the police concerning L;
1. A detailed statement of transactions, a copy of an application for new transactions, and a copy of an application for bank transactions;
1. Search and seizure inspection warrant and reply (with limited liability company E), search and seizure inspection warrant and reply (H) and reply to financial transaction information;
1. Previous convictions: Inquiry into criminal records and the application of Acts and subordinate statutes of investigation reports (verification of the facts under probation period);
1. Defendant A of the relevant criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (transfer of access media).