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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2015 Highest 2723]
1. No person may keep a means of access knowing that he/she is to be used for a crime or to be used in such crime;
Nevertheless, on April 19, 2015, the Defendant kept the means of access, such as the account number and password of three national bank accounts (E, F, and G) opened in the name of the Dispute Settlement Bank D, in a place where the location is unknown, with the knowledge that it will be used for crime.
2. On August 11, 2014, the Defendant sent a new bank account (I) and a physical card under the name of H (I) opened with a business registration certificate, certificate of personal seal impression, power of attorney, etc. from “C” in front of the Yeongdeungpo-dong subway 1, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, to a person who was not entitled to receive KRW 50,00 in return, and transferred the means of access to others by the same means seven times in total, as shown in attached Table 1, from around that time to January 2015.
[2015 order 3926] The Defendant received a proposal from a person with no name (hereinafter “C”) and received a corporation’s business registration certificate, certificate of personal seal impression, power of attorney, etc. from another person registered as a representative director, and had an account opened in the name of the corporation, and had the passbook, check card, etc. connected thereto transferred it to the person with no name to receive compensation.
Except as otherwise provided for in other Acts, no one shall transfer or lend any means of access to any third party for consideration.
Nevertheless, around October 23, 2014, the Defendant sent the passbook and physical card to a new bank account under the name of J Co., Ltd. (K) opened with a business registration certificate, a certificate of personal seal impression, power of attorney, etc. on the front side of the public airspace of Mapo-gu Seoul Metropolitan Government subway 5, the Defendant received KRW 50,000 in return.