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Defendant
A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.
However, the defendant A is dissatisfied with this.
Reasons
Punishment of the crime
[criminal power] On June 28, 2019, Defendant B was sentenced to a suspended sentence of two years for the violation of the Electronic Financial Transactions Act at the Changwon District Court on June 28, 2019, and the said judgment became final and conclusive on July 6, 2019.
【Criminal Facts】
1. In using and managing a means of access, no person may transfer or acquire a means of access unless otherwise specifically provided for in any other Act;
Nevertheless, on July 30, 2018, the Defendant issued a proposal to the effect that “I would like to easily punish money, establish a corporation under the name of four, and then transfer the head of the Tong to a person who introduces him/her within the name of the corporation,” and that “I would like to give 1.8 million won to the head of the Tong/C and the OTP card if I would create a corporation’s name and transfer the head of the Tong/C, and would give 1.8 million won if I would give her the name of the corporation.” On July 30, 2018, the Defendant established a credit settlement agreement corporation as his/her representative by visiting the institutions directly by the Defendant under the direction of a person with no name of the head of the Tong/C.
After that, around August 7, 2018, the defendant opened an account in the name of the E-Financial Center in Busan, Seo-gu, Busan, with the E-Financial Center Co., Ltd. (F) and issued one passbook, e-mail card, OTP card, and OTP card connected to the account.
Accordingly, the defendant transferred the means of access linked to the above E account in the name of the LAC to which the defendant is the defendant.
2. No one shall assist the transfer or acquisition of a means of access.
Nevertheless, as in paragraph (1) of this Article, the Defendant received a proposal from a person who will create and transfer an account from his name-free person, and subsequently introduced A around that time, and made A to introduce A and let A use it, as in paragraph (1), to the extent that it is connected to the above E account, such as paragraph (1).