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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Violation of the Electronic Financial Transactions Act;
A. On February 2, 2012, the Defendant: (a) established a company from D’s house located in Seocheon-si, Gyeonggi-do; (b) opened a passbook in the name of the juristic person; and (c) opened a passbook in the name of the juristic person and sold it, there is a lot of money; (d) made an investment of KRW 4 million at the cost necessary for the establishment of the passbook; and (e) made an offer to divide the said investment amount into KRW 4 million into KRW 30% of the said investment amount and 30% of the profits, if the account holder of the passbook
The Defendant introduced Sul F and G to the nominal owner for incorporation through E, and collected from H and I, which are the latter actors of D and D, on April 2012, as well as from E’s office located in the J of Taesung-gu, Daegu on April 2012, H and I, the role of establishing a corporation and opening a passbook, H and I, the role of assisting H to establish the above passbook, the Defendant’s role of subsidizing the above expense, and D to sell the above passbook, respectively.
Since then, around April 18, 2012, F, G, H, and I established two (K, L), and four (M, N,O, P) limited liability companies in the name of G (M, N, P), including establishing a limited liability company in the name of G (K, L), and F (M, H,O, P) under the name of G by June 5, 2012; the Defendant, along with the above F, opened a corporate passbook in the name of K-based limited liability company established by G at the NA-si branch of the Agricultural Cooperatives, the Gyeong-si branch of the Seoul Special Metropolitan City racing around April 18, 2012 and transferred the above passbook to D with the access medium of electronic financial transactions, such as the passbook, cash withdrawal card, password, OTP (one-time password creation), and D transferred the above passbook to the above 450,000 won under the name of the head of Si/Gun/Gu.
Accordingly, the Defendant conspiredd with the above F, etc., and opened a passbook over a total of 131 times from April 18, 2012 to October 2, 2012, such as the list of crimes (1), and transferred the cash card and the password necessary for using the cash card, which is an electronic financial transaction access medium, to a person who is not his/her name.
B. The Defendant.