Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Punishment of the crime

[2016 Highest 1094]

1. No person who violates the Electronic Financial Transactions Act shall knowingly convey the means of access to a crime while using and managing the means of access.

Nevertheless, the Defendants established a corporation that does not actually operate a business with D and opened an account in the name of the corporation, and agreed to distribute profits by delivering the account to the operators of the sports Saturday site. D sent the account to the establishment and operator of the corporation, the Defendants sent the certified resident registration card and the certificate of personal seal necessary for the establishment of the corporation to D, and each of them shared the role of opening the corporate account as their representative after the establishment of the corporation.

On August 11, 2015, the Defendants established E and opened an account under the name of one bank (F) in around the 27th of the same month following the public offering as above, and transmitted the passbook, security card, and password to one bank account to a person whose name cannot be known at a certain place below Posib at the time, and who was unable to know at the time, from that time, during the period from that time, the Defendants sent the means of access by the same means as indicated in the list of crimes in the attached list.

Accordingly, the Defendants, in collusion with D, delivered the means of access knowing that they will be used in crime.

2. Defendant A’s embezzlement: (a) by creating a foundation, opened a term “defed passbook” under the name of a juristic person; and (b) sold it to sports earth site operators, etc.; (c) and (d) using the name of the representative of the juristic person of the large passbook sold by selling it to him/her, Defendant A’s embezzlement took money deposited in the large passbook.

Accordingly, on November 24, 2015, the Defendant made a transaction by reporting the loss of the company name bank account (H) at the south-dong branch of a corporate bank in the Nam-gu Do-dong, Nam-gu, Chungcheongnam-do.