A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

Nevertheless, around July 2016, the Defendant opened and transferred an account under the name of the juristic person after opening a floating corporation with a book to recruit a non-name-free passbook in the name of the mobile phone in the Dong-gu Incheon Metropolitan City. On August 8, 2016, the Defendant submitted documents necessary for opening a corporate account under the name of the company (E) to the employees of the bank and opened the account in the name of the company at the branch office of the C bank located in the Dong-gu, Ansan-si, Dong-gu, Dong-gu, Seoul. Around August 8, 2016, the Defendant opened the account under the name of the company (E) and transferred the passbook, e-mail card, OTP card, and password, etc., which are access media connected to the above account, from July 2, 2016 to November 2, 2016, and transferred the same account under the name of the juristic person in the same manner as the annexed crime list.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the current status of the corporation established by the person under investigation);

1. A report on investigation (documents related to the establishment) and documents related to the establishment;

1. Application of each Act and subordinate statutes, such as financial transaction information (No. 8,16 No. 16);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (or choice 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 so-called passbook, which is distributed by the instant crime for the reason of sentencing Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., is likely to cause secondary damage by being used for telephone finance, illegal gambling, other various crimes, and illegal business.