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Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall transfer or acquire a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.
Nevertheless, the Defendant, by establishing a corporation, opened a single passbook in the name of the corporation and sold it, and established B on February 26, 2016.
On March 2, 2016, the Defendant opened an account of community credit cooperatives (Account Number C) in the name of the said corporation at the community credit cooperatives located in the area of the Southern-gu, Chungcheongnam-gu, and the Si/Gun/Eup/Myeon, and issued a means of access, such as passbook, OPT card, password, etc. of the said account, and then issued the account to the person whose name is unknown at the front of a high-speed bus terminal located in the Southern-gu, Chungcheongnam-do.
Accordingly, the Defendant transferred the means of access to the above account.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of corporate register;
1. Application of investigation reports (application for opening accounts of community credit cooperatives B stock companies and details of transactions);
1. Relevant laws concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The person committed a planned crime by opening an account under his/her name after establishing an old-age corporation and transferring the passbook, etc.; the circumstances favorable to the beginning of the crime of this case on the day the suspended execution was finalized; the crime of this case was committed once more; the person appears to have failed to obtain specific profits from the crime; the person did not have the same type of criminal record; the person recognized the crime and commits the crime against the mistake, other than the above circumstances, taking into account various factors of sentencing indicated in the records, such as Defendant age, character and conduct, environment, and conditions before and after the crime.