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A defendant shall be punished by imprisonment for six 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.
Reasons
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 May 2017, the defendant would make a loan if he/she opens an account under the name of the corporation and send the passbook to him/her.
On May 24, 2017, upon receipt of the proposal of “A”, the Defendant established “B” as a limited liability company (hereinafter “Limited Company C”) for the purpose of transferring the financial account to the names of the needy parties, and on July 17, 2017, changed the name of “B” as the representative of the Defendant into “D” (hereinafter “Limited Company C”).
On August 20, 2017, the Defendant sent seven passbooks, e-mail cards, 7, and OTP 5 connected to the corporate account listed in the separate sheet, such as the Kwikset’s bank account, etc. opened as above, in order to send the above account to the non-name of the Defendant. On August 20, 2017, the Defendant notified Kwikset of the password number and transferred the access media of electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. A written statement of I and J;
1. Each business registration certificate and each certificate for all registered matters;
1. Application of Acts and subordinate statutes on six copies of account transactions, and one copy of account information;
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 of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of transferring an electronic financial transaction access medium with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment in that the transferred access medium can be used for a very large amount of harm and injury to society, such as fraud, illegal gambling site, etc. against many unspecified victims.
In this case.