A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2015 Highest 2258]

1. From December 16, 2014, around 13:00 on December 16, 2014, the Defendant: (a) received KRW 180,00 per day from D in front of the street located in Gwanak-gu in Seoul Special Metropolitan City; and (b) known that it will be used for crimes, such as singinginging, etc., the Defendant sent one passbook and one check card linked to the new bank account (E) in the name of the Defendant, to a name-oriented person using Kwikset Service.

On December 17, 2014, at least 09:00 on December 17, 2014, the name-free person misrepresented himself/herself to the inspection, and calls from the victim F to the victim F, thereby entering the public prosecutor's office homepage (G) to confirm whether he/she is a victim or a perpetrator, and in this regard, to confirm the case, he/she opened the security account (H) under the name of the victim, and then transferred money to the security account, and entered the account number, etc. by accessing the website.

After that, at around 13:22 of the same day, the person in whose name the victim was unable to pay 5.920,000 won from the security account of the victim to the Defendant’s new bank account by using the above information from the victim’s account.

The Defendant knew that the money was deposited in the Defendant’s account through the bank text message notification service prior to filing an application, and around 13:25 on the same day, the Defendant transferred KRW 5 million out of 5.92 million to the Defendant’s K account at the JPublic Notice Board located in Seoul Special Metropolitan City through telebanking.

As a result, the Defendant provided the means of access to facilitate the fraud of a person without name.

2. The Defendant violated the Electronic Financial Transactions Act at the time, time, and place mentioned in the preceding paragraph, to receive KRW 180,000 per day, and opened a passbook and a physical check linked to the Defendant’s new bank account under the name of the Defendant, using Kwikset Service, to the name-oriented individuals.

Accordingly, the Defendant transferred the means of access to another person under the Electronic Financial Transactions Act.