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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
In using and managing the means of access, no one shall borrow or lend a means of access while requesting or promising to receive, demand or promise any compensation unless otherwise expressly provided for in any other Act.
Around August 2019, the Defendant accepted the proposal, “Around August 2019, the Defendant established an account by establishing a company and opened a passbook, etc. connected to the account, and offered a loan to the bank at the face of diversity.”
1. On August 26, 2019, the Defendant: (a) promised to obtain a loan from a person with no name in front of Seocho-gu Seoul, Seocho-gu, Seoul; (b) promised to obtain a loan from a person with no name; and (c) sent one passbook connected respectively to C’s name bank account (D), C’s name bank account (F), C’s name bank account (H), C’s name bank account (H); and C’s name bank account (J); and (c) one passbook and one OTP account; and (d) sent the password via Kwikset’s news article.
2. On September 11, 2019, the Defendant: (a) promised to obtain a loan from an unqualified person; (b) promised to obtain a loan from an unqualified person; and (c) sent one passbook connected respectively to the account under the name of K, K’s name, K’s corporate bank account (M); and K’s corporate bank account (N), and one passbook connected respectively to K’s corporate bank account; and (d) sent one passbook to Kwikset service article; and (e) sent a password via Kwikset service article.
As a result, the Defendant promised to receive an intangible benefit of a loan and lent the means of electronic financial transactions to each other.
Around August 2019, the Defendant: (a) received a proposal from a person who was unaware of his/her name to “to create an account by creating a corporate business operator and make false transaction details; (b) to grant loans at low interest; and (c) to a person who was unable to enter into an account under the name of the juristic person and opened an account under the name of the juristic person with no intent to actually operate the company.”