A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 19, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on July 27, 2019.

No one shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

Nevertheless, on March 14, 2019, the Defendant accepted a proposal from a deceased person’s name in the name of the first police officer “on the basis of the operation of an overseas direct site, and the account under another person’s name is required to pay for KRW 500,000 won per 10,000 won from the loan of the account.” Around that time, the Defendant sent the account number, password, debit card pictures, and the passport photographs of B to the above person under the name of the deceased person via the Defendant’s father Kakaoxo, and used by the said person to receive KRW 14:2 on March 5, 2019 from the victim of the telephone financing fraud to the bank account under the above B’s name and receive KRW 10,000,000 won from the telephone financing damage amount.

Accordingly, the Defendant assisted the non-existence of name to conduct financial transactions under the real name of another person B for the purpose of evading the law.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A certificate of deposit and details of deposit account transactions;

1. Previous records of judgment: Criminal records, inquiry reports, details of consolidated cases, application of court rulings and other statutes;

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy regarding criminal facts and the Selection of Punishment, Article 32(1) of the Criminal Act and Article 32(1) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, a criminal trial is a means of access (before a final judgment and criminal facts) used in electronic financial transactions at the time of the instant crime.