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Defendants shall be punished by imprisonment for eight months.
Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A and Defendant B: (a) did not intend to establish and operate a corporation; (b) did not establish a single-person “old-age corporation”; (c) opened a financial account in the name of the corporation; and (d) transferred physical cards connected to the said account to a person with poor name to receive compensation.
In accordance with the above public subscription, the defendants filed an application for the registration of incorporation of a corporation with respect to "stock company D" as if they were duly established through a certified judicial scrivener in the name-recogniz on July 17, 2018, in accordance with the above public subscription, such as the false entry into the public electromagnetic records and the false entry into the public electromagnetic records, etc., the defendants entered the false facts, such as "D", "A", "A", "Auditor", "B", "J", "Seoul Metropolitan City E-si, Kim Jong-do," "F", "10,000,000 won, etc., in the commercial register, and exercised the said false facts by having the public official in charge keep the commercial register stating the above fraudulent facts.
B. Any person violating the Electronic Financial Transactions Act shall not engage in the act of transferring the means of access to a financial account. However, according to the above public offering, Defendant A received five million won in return for the transfer from the person in default of his/her name. On July 24, 2018, Defendant A opened an I Account in the name of H Bank in the name of D at the JH Bank Jin-si branch located in Kimhae-si around July 24, 2018, and transferred the means of access, such as passbook, check, OTP card, etc. connected to the H bank account opened above at the upper end of the said branch to the person in default of his/her name. From that time to October 1, 2018, Defendant A transferred the means of access to the name of D corporation four times in total, such as the list of crimes (1) in the same manner as shown in the attached Table of Crimes (1).
As a result, the Defendants conspired to give the means of access in return for compensation.
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