A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On February 2, 2018, the Defendant: (a) received a proposal from a name-free person who misrepresented himself/herself as a means of lending; (b) “When establishing and sending a passbook, etc. that is not good credit, it would be possible for us to create a transaction performance for 3 to 6 months and receive loans from the bank; and (c) knowingly accepted that it would constitute a crime of deceiving a financial institution to receive loans by creating a false transaction performance.”

After completing the registration of incorporation of Company B (C and representative director A) on February 6, 2018, on February 20, 2018, the Defendant opened a bank account (E) in the name of the said corporation at the branch of the D Bank located in the Incheon Kwik University city on February 20, 2018, and opened the passbook, check card, OTP card, password, etc. connected with the said account through Kwikkset Service, and opened eight accounts from March 26, 2018 in the same manner as shown in the list of crimes in the attached Table, and provided the above bearer with the means of access, such as passbook, check card, etc. connected to each account.

Accordingly, the Defendant promised to receive compensation and lent the means of access knowing that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (the results of opening accounts and confirming details of transactions);

1. Application of Acts and subordinate statutes to response to financial transactions (application form for opening each account, details of transactions, etc.);

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (any violation of the Electronic Financial Transactions Act by lending the means of access to an account opened on the same day);

1. Selection of imprisonment with prison labor chosen;

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;

1. The lending of the means of electronic financial transactions for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is a crime.