A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 2018, the Defendant accepted a proposal to the effect that “I will give KRW 300,000 per case if I would create a passbook” by telephone from a person without a name, and then will accept it:

1. On July 5, 2018, at a notice point of the new management of C Bank in Gyeonggi-si, a C Bank’s name (Account Number E) opened a C Bank account in the name of D Corporation, and notify the C Bank card and the OTP card connected to the account together with the above passbook of the name in the vicinity of the above bank of the password and the password of the account, etc.;

2. At the G bank networking point in F in the same day, open a bank account (Account Number H) in the name of the D corporation, and open a cream card and an OTP card connected to the account together with the said passbook, and disclose the account and passwords, such as the account, to the person who has been unaware of the name in the vicinity of the above bank;

3. On August 23, 2018, at the G Bank listed in paragraph 2, the G Bank opened a bank account (Account Number I) in the name of D legal entity, and informed the cream card and the OTP card connected to the account together with the above passbook of the name in the vicinity of the above bank, of the password of the account, and of the password of the account, etc.

As above, the Defendant borrowed the means of access from a person who is not aware of his/her name, and in return, received KRW 90,000,000 per account in total.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police by J; and

1. The police statement of K;

1. Each letter of financial transaction information, the details of applications for opening accounts in the name of a stock company D, and the application of statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act: