Defendant

Park-type iron (prosecution) and Lee Young-ju (Public trial)

Law Firm L&W, Attorney Cho Jong-soo

A defendant shall be punished by imprisonment for two years.

Seized evidence referred to in subparagraphs 1 and 4 shall be confiscated.

【2018 Highest 1147】

The Defendant and Nonindicted Party 11, etc., established a memorial company with no substance, opened an account in the name of the juristic person, and offered to lend the means of access connected to the account to the singingingman or the illegal gambling site operator for compensation. Nonindicted Party 11 was in charge of lending the passbook to the transferee in his name and receiving the fee. The Defendant was in charge of the “distribution” role of delivering the passbook to Nonindicted Party 11 by receiving the passbook, and the Defendant was to receive KRW 700,000 per account in return.

The Defendant, as a person in a relationship with Nonindicted Party 1, opened an account in the name of the juristic person after Nonindicted Party 1 established a memorial company, and opened an account in the name of the juristic person, and, if the Defendant transferred the means of access connected to the account to Nonindicted Party 11, delivered the means of access to the account to Nonindicted Party 11, 500,000 won per account.

1. False entry into public electronic records, and any event such as false entry into public electronic records;

(a) A crime on June 1, 2017;

In collusion with Nonindicted Party 1 on June 1, 2017, the fact in the Incheon District Court registry No. 163-ro 17, Gangnam-gu, Incheon District Court had Nonindicted Party 1 submit an application for establishment of false corporate registration with respect to Nonindicted Company 2 to the public official in charge, although Nonindicted Party 1 did not establish Nonindicted Company 2, and had the public official in charge enter the entries in the corporate register of the commercial registration electronic data processing system, and exercised it by allowing the public official in charge to keep the commercial registration electronic data processing system that states such fraudulent facts at that time.

(b) Crimes around October 19, 2017;

Around October 19, 2017, the Defendant conspired with Nonindicted Company 1, the Suwon District Court of the Republic of Korea, which was 65 to the Gyeonggi City court of the Gyeonggi City, established the establishment of Nonindicted Company 3, filed an application for the establishment of false corporate registration with respect to Nonindicted Company 3 with the public official in charge, and had the public official in charge enter the entries in the corporate register of the commercial registration electronic data processing system, and exercised it by allowing the public official in charge to keep the commercial registration electronic data processing system that contains false facts at that time.

2. Interference with business;

Where a financial institution opens an account in the name of a juristic person, if it is found that a juristic person was falsely registered, the opening of the account of the juristic person is prohibited, and if the facts are revealed thereafter, the representative authority of the applicant for the opening of the account, such as the suspension of transaction in the relevant account, and documents evidencing such status, are important documents. In addition, where the relevant account is used for a crime such as singing, singing, etc., the bank is liable to compensate for damages pursuant to the Electronic Financial Transactions Act depending on negligence. Thus, whether the relevant juristic person is a normal juristic person, and whether the applicant for opening the

Nevertheless, the Defendant, in collusion with Nonindicted 1 on June 14, 2017, committed as if he opened an account necessary for the operation of ○ Bank at a branch of ○ Bank, which was in an influent situation, as if Nonindicted 2 limited liability company actually existed, and obstructed the operation of the ○ Bank by opening an account in the name of the said company (Account Number: Account Number 1 omitted) by submitting a business registration certificate, a corporate seal impression, an application document for opening an account, etc., and obstructing the opening of the account in the name of the said company from June 12, 2017 to March 20, 2018.

3. Violation of the Electronic Financial Transactions Act;

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, the Defendant knew that the means of access delivered through Nonindicted 11 was used for the crime of scaming or illegal gambling site, etc. on or around June 2017, Nonindicted 1 proposed to the effect that “I would pay 50,000 won per month of the head of the passbook if I would establish a corporation and open an account in the name of the corporation and receive the passbook from the bank, and then transfer the passbook to B.” In response, Nonindicted 1 established seven accounts in the name of “Nonindicted 2 limited liability company” and “Nonindicted 3 limited liability company” as shown in the attached Table 1, and opened three accounts in the name of “Nonindicted 3 limited liability company” and received scam cards and OTP cards connected to each of the above accounts and delivered them to Nonindicted 11.

4. Fraudulent assistance;

Non-Indicted 12 and Non-Indicted 12 decided to withdraw the money remitted to the ○ Bank Account in the name of Non-Indicted 2 limited liability company established by the Defendant and Non-Indicted 12 in the name of Non-Indicted 1 (Account Number 2 omitted) in the name of the Defendant and Non-Indicted 2 limited liability company established by Non-Indicted 1.

Around December 11, 2017, an employee in the name light of the license refers to a false statement to the effect that he/she does not have the intent or ability to provide a loan to the victim non-indicted 6, and that he/she will receive a loan from the victim non-indicted 6 to the employee of △△△△△△△△△△△△△, and then, “to obtain a government-funded loan, he/she shall repay the loan, and if he/she transfers money to the known account, he/she shall do so,” and then, on December 13, 2017, he/she acquired KRW 2.5 million from the victim’s account in the name of ○ Bank (Account No. 3 omitted) of Non-indicted 13 [Account Number], and around December 15, 2017, he/she received KRW 3 million from the victims [Account Number (Account Number: 4 omitted] of KRW 300,000 from the victim’s account in the name of [Attachment 25. 2565 days] from December 24, 2017.

On December 5, 2017, in order to help the victims acquire money by deceiving, the Defendant: (a) delivered physical cards and OTP cards connected to the above ○ Bank Account (Account Number:Account Number 2 omitted) in the name of Nonindicted Company 2 in the name of the non-indicted 2 limited liability company; and (b) wired money received from the victims to the account in the name of the non-indicted 12 limited liability company; and (c) assisted and abetted the non-indicted 2 to commit the crime of fraud by remitting the money received from the victims to the account in the name of the non-indicted 2 limited liability company.

【2018 Highest 1598】

5. No person shall borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or to be used for a crime;

Nevertheless, the Defendant knew that Nonindicted 11, who was sent the large passbook via Nonindicted 11, was to use the large passbook in the crime of scaming or illegal gambling site, etc. on or around June 28, 2017, the Defendant knowingly delivered the means of access to the means of access, such as the check card connected to Nonindicted 15’s account [Account Number (Account Number: No. 5 omitted)] in the name of Nonindicted 16 limited liability company established by Nonindicted 15, including the check card connected to the bank account (Account Number: No. 5 omitted), the OTP card, and then delivered it to Nonindicted 11 in the non-indicted 27 times from June 21, 2017 to March 29, 2018.

【2018 Highest 1923】

6. Crimes committed on April 18, 2016;

On April 18, 2016, the Defendant filed an application for the establishment of a false corporation registration with respect to non-indicted 4 limited liability companies even though the Defendant did not establish a non-indicted 4 limited liability company, and had the public official in charge enter the entries in the corporate register of the commercial registration electronic data processing system and exercised it by allowing the public official in charge to enter the above mentioned matters in the corporate register of the non-indicted 4 limited liability company and to keep the commercial registration electronic data processing system that contains false facts around that time.

7. Crimes committed on May 10, 2016;

On May 10, 2016, the Defendant submitted an application for the establishment of a false corporation to the public official in charge of Nonindicted 5 limited liability companies even though the Defendant did not have established Nonindicted 5 limited liability companies, and had the public official in charge know of such false establishment enter the above application in the corporate register of the commercial registration electronic data processing system, and exercised it by allowing the public official in charge to keep the commercial registration electronic data processing system containing such false establishment.

【2018 Highest 1147】

1. Partial statement of the defendant;

1. Copy of the protocol of examination of Nonindicted Party 1 by prosecution

1. Copy of the prosecutor’s statement concerning Nonindicted 12

1. Copy of each police interrogation protocol against Nonindicted 12, Nonindicted 17, Nonindicted 13, and Nonindicted 14

1. Copy of the statement of Nonindicted 10

1. A copy of each written statement prepared by Nonindicted 8 and Nonindicted 6, a copy of the written statement prepared by Nonindicted 7, and a copy of the written statement prepared by Nonindicted 9

1. A statement of transaction, a statement of transaction by each account, a copy of the receipt of the amount of damage from Nonindicted 10, a copy of the statement of transaction by the account of Nonindicted 7 for Nonindicted 7, a copy of the account transaction by the account account (Nonindicted 2 Company), the register of corporate register, and a statement of deposit transaction, etc.

1. Phone mobile phone photograph;

[The following circumstances acknowledged by the court’s duly adopted and investigated evidence, namely, the Defendant was in criminal proceedings in violation of the Electronic Financial Transactions Act at the time of the instant crime, and the Defendant had Nonindicted Party 1 enter his phone number (portable telephone number omitted) as “corporate loan,” with concerns over regulating it from the time when the instant crime was committed.” On November 12, 2017, the Defendant sent a text message to Nonindicted Party 1 to Nonindicted Party 1 to the Bank that “I would have been using the bank account because I would have been outside of the phone number,” and that “I would have known that I would have been using the means of access at any time when I would have been transferred to the investigation agency,” and it would be deemed that I would have known that I would have known that I would have been using the means of access at any time during the instant crime, and that I would have received money again from Nonindicted Party 1’s own account transfer to others, such as the Defendant’s transfer of the means of access to 280,000 won from time to time.”

【2018 Highest 1589】

1. Defendant's legal statement;

1. Each prosecutor’s protocol on Nonindicted 18 and Nonindicted 15

1. An application for opening an account;

【2018 Highest 1923】

1. Defendant's legal statement;

1. Copy of corporate register, documents relating to application for incorporation registration, and business registration certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 32(a) of the Criminal Act; Articles 228(1), 30(a), 229, 228(1), and 30(a), and 228(1), and 30(a), and 228(1), and (7) of the Criminal Act (the fact at the time of sale) of each Criminal Act; Articles 228(1) (the fact of crime at the time of sale; Articles 6 and (7) of the Criminal Act); Articles 229, 228(1) (the fact of crime at the time of sale; Articles 6 and 328(7) of the Criminal Act; Articles 314(1), 313, and 30(1) of the Criminal Act; Articles 49(4)2 and 30(3)(3) of the Electronic Financial Transactions Act; Articles 6(3) and (6)(3) of the same Act of each Criminal Act;

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting fraud)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

The fact that the defendant has recognized most of the crimes and reflected against the defendant, that some of the victims of fraud have agreed to pay the amount of damage, and that there is no previous conviction exceeding the fine is favorable to the defendant.

However, in light of the following: (a) the Defendant actively established a false corporation to open a bank account in its name; (b) transferred the means of access in return for transfer; (c) the said means of access was used for illegal gambling sites or actual hostinging crimes; and (d) the Defendant continued to commit the instant crime despite having been under criminal trial around May 2017; and (c) the number of corporations established by the Defendant by falsity and the number and the period of the means of access, the sentence of sentence on the Defendant is inevitable.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the age, environment, character and conduct, motive and means of the crime, circumstances after the crime.

[Attachment]

Judges Kim Jong-Gyeong

Note 1) Evidence No. 918, 992

Note 2) Evidence No. 993

Note 3) Suwon District Court 2017 High Court 1473