2020 Violation of the Electronic Financial Transactions Act

1. A;

2. B

Gu residents flag (prosecution) and red trial (public trial)

Attorney Kim Jong-chul (the national election for defendant A)

December 22, 2020

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fines, the Defendants shall be confined in the Labor House for the period calculated by converting the amount of KRW 100,000 into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

In using and managing the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access, unless otherwise specifically provided for in other Acts.

1. Defendant A

On November 15, 2019, the Defendant received a proposal from a name-free person in front of Eunpyeong-gu Seoul, Seoul, to provide loans after creating transaction performance. The Defendant accepted the proposal and delivered a copy of the physical card, which is a means of access connected to the account under the name of the Defendant (D) through Kwikset Service.

2. Defendant B

On November 14, 2019, around 13:30 on November 14, 2019, the Defendant received a proposal from a non-personally named person before the Fmedical Foundation in Dongdaemun-gu Seoul, “to create a transaction performance and make a loan.” The Defendant accepted the proposal and delivered a physical card, which is a means of access connected to the new bank account (G) in the name of the Defendant, to the needy person through Kwikset Service.

Summary of Evidence

1. Defendants’ respective legal statements

1. Results of the request and reply for financial transaction information;

1. A copy of an investigation report (a separate transfer report and a copy of a search and seizure warrant) and a transfer report, and a copy of a search and seizure inspection warrant 2019-3536;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: each of the Defendants: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202); the choice of each of the fines

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judges, Chief Judge