A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act may acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, around April 2013, the Defendant received a cash card connected to the account of community credit cooperatives (D) in the name of C from B, one cash card connected to the account of community credit cooperatives in the name of E, one cash card connected to the account of community credit cooperatives (F), and one cash card connected to the agricultural bank account in the name of G in the name of G, and taken over the means of access.

2. Any person who intends to engage in business of foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities, and expert human resources to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance

The Defendant, as a person operating the “J travelman” on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government, was operating a foreign exchange business of KRW 303,160,000 without registering foreign exchange business with the Minister of Strategy and Finance by paying the money requested from B to the account in China via K, etc. from May 7, 2013 to September 11, 2013.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police suspect interrogation protocol of C, E, G, or L;

1. Application of Acts and subordinate statutes to each seizure protocol, investigation report (with respect to the methods related to the analysis of a financial account), investigation report (the calculation of the amount and the period of remittance for the exchange), three investigative documents (electronic financial data and telephone details), four books of investigative documents (electronic financial data, telephone data, etc.), five books of investigative data (a copy of the copies of seized documents of the Chinese remittance account);

1. Each Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act for criminal facts (the point of taking over any access medium), Article 27(1)5 and Article 8(1) of the Foreign Exchange Transactions Act, and Article 30 of the Criminal Act, respectively.