A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

Nevertheless, on October 2017, the Defendant received the proposal from a person who was in the name of a juristic person to “to make a loan if he/she opens an account under the name of the juristic person and send the passbook.” On November 2, 2017, the Defendant registered a business operator under the name of “limited company D” and opened two accounts in the name of the said juristic person around November 2, 2017 and around December 6, 2017.

On November 2, 2017, the Defendant transferred a passbook and physical card connected to the account (F) in the name of the National Bank in the name of the pertinent corporation established as above, and the passbook and physical card connected to the same name bank account (G) at the same place around December 6 of the same year and the electronic financial transaction access media using Kwikset through each Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Financial transactions with the principal, inquiry of personal information of customers, details of entry and withdrawal transactions, applications for new transactions, business registration certificates, and all certificates registered;

1. (F) the account transaction details and account transaction details (G) the application of the statute;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (it is between the crimes of violation of the Electronic Financial Transactions Act for each of the persons on November 2, 2017 and the crimes of violation of the Electronic Financial Transactions Act for each of the persons on December 6, 2017);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)1 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by which an application for compensation is dismissed (including the promotion of litigation, etc.);