Defendant

Park-type iron (prosecution) and Lee Young-ju (Public trial)

Law Firm Hank Law LLC, Attorney Lee Dong-type

A defendant shall be punished by imprisonment for one year.

The Defendant and Nonindicted Party 11 and Nonindicted Party 12, etc. established a memorial company with no substance, opened an account in the name of the juristic person, and then deliver the means of access connected to the account to the “Nonindicted Party 17 director,” which is the total liability of the system that transfers the passbook, and the “Nonindicted Party 17 director” conspireds to lend the passbook to the transferee, such as the gambling site operator, the Bosing staff, etc., and to deliver it to the Defendant, etc. upon receiving the fee.

1. False entry into public electronic records, and any event such as false entry into public electronic records;

On June 23, 2016, in collusion with Nonindicted 11 and Nonindicted 12, the Defendant submitted to the public official in charge of establishing a false corporation registration application to Nonindicted 13 Co., Ltd. in the corporate register of the commercial registration electronic data processing system, and had the public official in charge know of such false establishment enter the entries in the above application in the corporate register of the commercial registration electronic data processing system, use the application by allowing the public official in charge to keep the commercial registration electronic data processing system containing such false establishment at least ten times from that time until January 18, 2017, as shown in attached Table 1 of the date of crime list 1, and use it by allowing the public official in charge of establishing a false corporation to keep the commercial registration electronic data processing system containing such false establishment.

2. Violation of the Electronic Financial Transactions Act;

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, the Defendant knew that he was using the means of access that was delivered to a person without any name via “Nonindicted 17 director” was a scaming crime or an illegal gambling site, etc., but, on June 27, 2016, opened the ○○ Bank Account (Account Number omitted) in the name of Nonindicted Incorporated Company 13 in the name of Nonindicted Incorporated Company 13, and lent the scam cards and OTP cards connected to the said account to Nonindicted 11 and “Nonindicted 17 director” from that time to April 18, 2017, and lent the scam cards and OTP cards to the person without any name, as indicated in attached Table 2, to Nonindicted 11 and “Nonindicted 17 director”, knowing that they would be used for the crime of using the means of access more than 124 times from that time.

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police against Nonindicted 15

1. Copy of Nonindicted 26’s statement

1. Each investigation report, commission, reply, etc., records of seizure and the list of seizure;

1. Full certificate of each registered matter, a real estate monthly rent contract, and a copy of an application for Defendant account transaction;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 228(1) and 30 of the Criminal Act, Article 229, Article 228(1) and Article 30 of the Criminal Act, Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act, and Article 6(3)2 of the same Act, each of which shall be punished by imprisonment.

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

The crime of this case is established after the defendant establishes a false corporation and establishes an account in the name of the corporation, and transfers the means of access under the name of the corporation. The crime of this case is not good because the means of access, such as the passbook, can be used for another crime with great social harm, such as scam, etc., and it is necessary to strictly punish the defendant in light of the number of corporations established by the defendant, the number of means of access transferred, and the period.

However, in comprehensive consideration of all the factors of sentencing as stated in the records and arguments of this case, such as the fact that the defendant is against nature, criminal records, other age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as per the order.

[Attachment]

Judges Kim Jong-Gyeong