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.

Punishment of the crime

No person shall transfer or acquire any access medium or set up a pledge in electronic financial transactions.

Nevertheless, on August 2017, the defendant would make a loan if he/she opens an account under the name of the corporation and send the passbook to him/her.

On August 14, 2017, upon receipt of the proposal of “A”, a limited liability company B was established as a corporation around August 14, 2017 for the purpose of transferring a financial account to a person who is not his/her name. On August 21, 2017, a limited liability company C was established as a corporation.

On August 18, 2017, the Defendant sent a passbook, check card, OTP card, etc. connected to the bank account (D) of the name of the “limited liability company B” established by the National Assembly as the National Assembly of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. On September 7, 2017, the Defendant sent each passbook, check card, and OTP card, etc. connected to the bank account (E) of the “limited liability company B,” and transferred each passbook, check, and OTP card, etc. connected to the bank account (E) and the bank account (F) established at the same place as above at the same time and around September 7, 2017, the Defendant sent the password of each electronic financial transaction, and transferred the access medium of the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written application for each transaction or an application for new transaction;

1. Inquiries about personal information of each customer;

1. Details of transactions of deposits and withdrawals;

1. Application of statutes on business registration certificates;

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. 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to transfer a number of access media with the reason for sentencing, and the fact that the scaming fraud was committed using the above access media is disadvantageous under the circumstances, without the same power, and to confession and reflect the crime.