2017 Highest 9240 - (Separation) Violation of the Electronic Financial Transactions Act

A (94 - 2)

Kim Jong-type (Lawsuits) and Kim Na-in (Trial)

November 1, 2018

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated.

Criminal facts

After establishing a floating corporation, Defendant B, C, D, E, and F: (a) have made a presidential passbook in order to sell it to the operators of illegal Internet gambling site in the name of the corporation; (b) has recruited the Defendant, the nominal owner of the establishment of the floating corporation; (c) has delivered or sold it to G with the Defendant; (d) has opened a floating corporation in one’s name; (d) has opened a floating corporation in one’s name and has sold it to G; (e) has opened a floating bank in one’s name; (e) has opened a floating corporation in one’s name to sell it to G; (e) has opened a floating bank in one’s name; and (e) has sold the floating bank in two months from B with the Defendant; and (e) has opened a floating bank in the name of the corporation and transferred it to B with the Defendant; and (e) has performed the role of opening the floating bank in the name of the corporation, including the name of the corporation and the name of the deceased; (e) has been transferred to B, the name of the corporation.

No person shall borrow or lend a means of access, or store, deliver or distribute a means of access, knowing that the means of access is to be used for a crime in using or managing the means of access.

E around October 28, 2015, at its own house located in Namdong-gu Incheon Metropolitan City H, and established a corporation that is a limited liability company by accessing the Internet with its own computer recruited by B as its representative, and the Defendant established a limited liability company. On October 30, 2015, the Defendant opened one corporate bank account (K) with limited liability company at the corporate bank J branch located in Kimpo-si, Kimpo-si and opened one corporate bank account (K) around the above corporate J branch of the above corporate bank, and transmitted the passbook, physical card, OTP card, etc. to D in order to B, and at the same time, C opened the above corporate account, 1,0000, 1,0000,0000 account and 1,0000,0000,000,000,000,000,000,000,00,000,00.

Accordingly, the Defendant conspired with B, etc. to use the means of access in collusion with others, and thus, he received, lent, stored, delivered, or distributed the means of access.

Summary of Evidence

1. C Each prosecutor's interrogation protocol concerning C and B;

1. Each police suspect interrogation protocol against Defendant, D, F, and E

1. Each police statement of L/M;

1. Police seizure records and the list of seizures;

1. Investigation into IP sites connection with the N establishment system;

1. Responses to requests for cooperation in investigation, replies following requests made by each external institution for the provision of data, and criminal investigation cooperation;

Responses to the request for investigation, response to materials related to the request for investigation cooperation.

1. A and a legal entity’s account registered as a list of respective legal entities, suspect A, B, and business entities A and B, respectively;

0 Details of account transactions with limited liability corporation (right to separate accounts)

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

Social harm and injury to a crime committed by a first offender or a criminal defendant is very serious. A crime that is organized and planned as a crime, and not less than the nature of the crime, but also the degree of the defendant's participation, is currently under flight. Such circumstances include motive, circumstances, etc. of the crime.

Judges Park Jae-sung