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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[The relationship between the Defendant and his accomplices] D (i.e., collection of access media, such as an illegal gambling site, cash card connected to the bank account in the name of a juristic person established falsely to use for the commission of phishing. F, G, the role of transmitting documents necessary for the establishment of the juristic person and the collected access media to D, or soliciting the opening name of the juristic person and the bank account, Defendant and H, I, J, and K provide the upper-tier G with documents related to the transfer of the juristic person’s registration, and deliver the access media connected to the transferred juristic person’s account after opening the bank account in the name of the transferred juristic person. The Defendant and H are marital relations, and H is the leakage of HD.
On February 2, 2016, the Defendant heard the speech that “A person has opened an account under the name of the juristic person and distributed it through a passbook.” On March 2016, the Defendant asked D, who was unable to engage in any work due to a traffic accident that occurred while driving under the influence of alcohol and asked D, whose life is difficult, whether he/she may participate in the above crime. As D consented and delivered KRW 2 million in return for the crime, the Defendant was involved in the transfer of passbook under the name of the juristic person from around that time.
【Specific Crime Facts】
1. On April 2016, the Defendant, in collusion with D, filed an application for registration and related documents to the effect that “a corporation shall be established” with a public official in charge of name in the Changwon District Court Kim Jong-si, 167, in the name of the Defendant, who is a document necessary for the establishment of the corporation, was sent to D, on the following grounds: (a) the Defendant, in collusion with D, sent to D a resident registration number, abstract, balance certificate, resident registration certificate, and seal impression certificate in the name of the Defendant, who is a document necessary for the establishment of the corporation; and (b) D, using it, submitted to D an application for registration of establishment and related documents to the effect that “a corporation shall be established as the representative of A” to the public official in charge of name in
However, facts are the defendant and D.