Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall, in using and managing a means of access, transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant established a corporate entity “C” for the purpose of opening a bank passbook under the name of the corporate entity without any actual intent to operate the bank account after receiving a request from the branch of the corporate entity “on the face of creating one corporation and creating the corporate name, there is no damage to the Defendant,” and then transferred the means of access to electronic financial transactions to B from January 29, 2019 to June 24, 2019, including by opening a new corporate bank D account under the name of the said corporate bank “C” at the commercial site of the corporate bank in February 20, 2019, and by transferring the means of access to electronic financial transactions to B more than four times in total, as shown in the attached list of crimes, from January 29 to June 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the records of the relevant case;

1. Full certificate of the registered matters;

1. Report on establishment and application for business registration;

1. Application of Acts and subordinate statutes on banking transactions;

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes stipulated in the Electronic Financial Transactions Act of June 24, 2019), among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected. 3. The argument in the instant case is shown below the sentencing criteria, such as the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, the means and consequence of the crime.