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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.
No person shall transfer a means of access under the Electronic Financial Transactions Act.
Nevertheless, the Defendant completed the business registration of “B Co., Ltd.” according to the words of the bearers who need a passbook connected to the corporate account in order to obtain a loan, and opened a bank account (E) in the name of the said corporation at the D Bank Kim Jong-si branch located in Kimpo-si, Kimpo-si, 2018.
On the same day, the Defendant sent a passbook and a e-mail card connected to the D Bank account in the name of the B Co., Ltd. established as above, to the person who was unaware of the name.
Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of G, H, I, J, K, L, and M;
1. Application of Acts and subordinate statutes to each deposit statement, suspect resident registration certificate, photograph and transfer statement of each suspect;
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. The crime of transferring the means of electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in that such transfer of the means of access can be used for a serious social harm, such as scams, loan frauds, or illegal gambling sites, against many unspecified victims.
In this case, the means of access that the defendant transferred was actually used for fraud, and there were several victims in the process. The criminal liability of the defendant is very heavy.
The defendant on 2017.