A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[200 Height2335] No person may transfer a means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, on November 2019, the Defendant loaned KRW 5 million to a person without his/her name from his/her own name to his/her own name. Upon receiving a proposal from a lending company to make a transaction statement by depositing and withdrawing money, and he/she is allowed to borrow KRW 5 million after accumulating the transaction performance, the Defendant’s business registration for “B of a limited liability company” with the Defendant’s representative at the tax office of the first police officer on November 20, 2019. On November 20, 2019, the Defendant: (a) opened the account under the name of the limited liability company B (E) at the D Bank located at the Jeju-si, Jeju, and then opened the account under the name of the limited liability company B (E) at the D Bank on November 22, 2019; and (b) delivered Kwikset Bank’s D Bank (E) through an article with his/her name in which the said person was sent through Kwikset service.

Accordingly, the defendant transferred the passbook B, the OTP card, and the authorized certificate to the person who was named in the name.

[200 Highest 3462] No person may transfer a means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, around October 2019, the Defendant received a proposal from a person without his/her name, stating that “When sending a corporate passbook, he/she will make a transaction statement of deposits and withdrawals, he/she will prepare a performance and store a loan amount of five million won,” and then, on October 12, 2019, the Defendant registered the business of “F of a limited liability company” with the Defendant’s representative at the business office with the business office having jurisdiction over the Defendant, and around November 7, 2019, opened an account in the name of “F of a limited liability company” at the corporate bank Gwangju-gu Seoul Special Metropolitan City (H), which is adjacent to the Defendant’s residence, through Kwikset Service, and then issued the passbook, passbook, OTP card, and the USB with an authorized certificate to the party with no name.