Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In using and managing a means of access, no one shall transfer or acquire a means of access, unless otherwise specifically provided for in any other Act.

Around 14:00 on March 25, 2019, the Defendant: (a) at the parking lot of the C Bank Round-dong branch in Gwangju Northern-gu, Gwangju-gu, the Defendant established a corporation under the name of the Defendant, thereby raising the credit limit by opening a bank passbook in the name of the Defendant and raising the credit limit by making false entry and withdrawal transaction performance on the face of a week; and (b) established a corporation through D as the representative director, and transferred the means of access by means of raising cash cards, authorized certificates, and security cards in the name of the said corporation to D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (related to the respondent and the website);

1. Application of the reply statutes to requests for financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is likely to be criticized in that the Defendant established a corporation and transferred the means of access under his/her name even though he/she had no intention to actually operate the corporation, resulting in the use of the means of access in the gambling site.

However, even if the Defendant actually established a juristic person without the intention to operate a juristic person, it cannot be punished as a crime of false entry into public electromagnetic records, etc. (see Supreme Court Decision 2019Do9293, Feb. 27, 2020). Therefore, it cannot be considered as an unfavorable sentencing factor against the Defendant.

Ultimately, the means of access that the defendant transferred is one, there are no circumstances in which the defendant was involved in illegal gambling, and there are no criminal records in the defendant.