A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

[2019 Highest921]

1. On June 15, 2018, the Defendant violated the Electronic Financial Transactions Act has the power to issue a summary order of KRW 3 million to the Seoul Eastern District Court for a crime of violating the Electronic Financial Transactions Act.

On October 2018, the Defendant received a proposal to the effect that “a loan exceeding KRW 6-7 million from a person who was not the deceased person’s name,” instead of the head of the passbook, the Defendant sent a e-mail card so that interest can be collected from the passbook.” The Defendant knowingly consented to the fact that the account in the name of the Defendant may be used for crimes, such as scaming, etc., and then delivered a e-mail card connected with B bank account in the name of the Defendant in Gangdong-gu Seoul on October 22, 2018 through Kwikset service article.

Accordingly, the Defendant knowingly lent the means of access for electronic financial transactions.

[2019 Highest 1034]

2. On October 2018, the Defendant was subject to a loan consultation with his name-free persons and by telephone, and the method of receiving a loan through financial transaction work by creating a virtual currency exchange account in the name of the Defendant, but the relevant account was suspended for payment and the loan was not made. On October 31 of the same year, the Defendant was subject to a proposal to “a loan by creating a transaction performance and making a loan” again from the above name-free persons, on October 31 of the same year.

Therefore, the Defendant had experience of being punished by a fine because his account was already used for the crime of Bosing, and even before it was impossible, the pertinent account was used for the crime of Bosing and the payment of virtual currency accounts opened to obtain the above loan was suspended. Thus, the Defendant’s account in his name was prevented from committing Bosing through the Defendant’s account.