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Defendants shall be punished by imprisonment for eight months.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Punishment of the crime
[criminal record] On December 19, 2017, Defendant A was sentenced to two years of imprisonment with prison labor for aiding and abetting violence at the Seoul Central District Court; Defendant B was sentenced to one year and six months of imprisonment with prison labor for the same crime in the same court on the same day; and each judgment on April 12, 2018 became final and conclusive.
[2] Except as otherwise provided for in other Acts, no person may transfer or acquire any access medium for electronic financial transactions.
The Defendants, even though they did not intend to engage in the actual business with E, established a juristic person under the name of the juristic person (hereinafter “age-long juristic person”), and opened an account under the name of the juristic person (hereinafter “age-long juristic person”), followed up a physical card, etc. necessary for the use of ATM devices, and conspired with the Defendants to share the amount of money received from the operators, etc. of the online illegal gambling site. Defendant B provided capital necessary for the establishment of the age-long juristic person, office rent, etc., Defendant B provided funds necessary for the establishment of the term “age-long juristic person,” and Defendant A provided a third party with the role of reporting the establishment of the term “age-long juristic person,” Defendant A sold physical cards, etc. made in the name of the term “age-long juristic person,” and E conspired to provide capital necessary for the establishment of the age-long juristic person.
According to the above public offering, the Defendants accepted a proposal from F to provide KRW 60 to 7 million per each borrowed account, and thereafter, from December 2014 to March 2015, the Defendants sent to H coffee shop in Gwangju by means of the above method such as the physical card and password, which are linked to the account opened in the name of the corporation I, a "Yol corporation", in the name of the corporation I, etc., to the employees in whose name the body card and password are attached.
Accordingly, the Defendants transferred the access media to electronic financial transactions in collusion with E, etc.
Summary of Evidence
1. Defendants’ 1.