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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer or acquire a cash card or a password used in a cash card, a user number registered in a financial institution, or establish a pledge in an electronic financial transaction.
On June 5, 2018, the Defendant: (a) received a proposal from a person without his/her name, stating, “A false statement of transactions that would be made if he/she transferred an account in the name of a juristic person; and (b) made a business registration of “B” of “D Bank Holdings” in the business territory of the Republic of Korea, which is located in Geumju-ro 62, in order to transfer a financial account to a person with no name, and (c) opened a bank account in the name of the said juristic person at the “D Bank Holdings Branch” in the name of the said juristic person (E) around June 7, 2018, in order to transfer the financial account to the person with no name.
On the same day, the Defendant transferred the means of access to electronic financial transactions by delivering a passbook, e-mail card,OTP, etc. connected to the D bank account under the name of the limited liability company B.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes to the G dialogue, certification of details of deposit transactions, business registration certificate and certificate of seal imprint;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Recognizing the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the means of access can be used for the crime, but a fraudulent corporation establishes and transfers the means of access, and the fact that the means of access transferred by the defendant is used for the crime of investment
However, the defendant recognizes the crime of this case and is against the defendant, and there is no record of criminal punishment exceeding the fine.