Defendant

A shall be punished by imprisonment with prison labor for three months and by imprisonment for four months.

Punishment of the crime

[Inasmuch as Defendants were sentenced to four years of imprisonment with labor for an attempted special robbery, etc. at the Daegu District Court on September 7, 2011, the Defendants completed the execution of each of the above punishment on June 8, 2015; Defendant B, June 22, 2015; and on May 31, 2018, the Gwangju High Court sentenced Defendant A to three years and six months of imprisonment with labor for a violation of the Narcotics Control Act. The above judgment became final and conclusive on June 8, 2018.

[2018 Highest 2635: Defendants are mutually-friendly, and C is a person who solicits a passbook in the name of a juristic person with no substance and sells it to the person with no substance.

The Defendants, representing the Defendants, formed a juristic person without any substance as its representative, opened an account in the name of the relevant juristic person under the name of the said juristic person, and raised a check card, etc. connected to it to C.

1. On December 2016, Defendant A established a corporation D, a representative of the Defendant, and opened an account under the name of the said corporation (F). On January 1, 2017, Defendant A opened a e-mail card and an OTP card connected to the said E account to C on the alleyway adjacent to the “H convenience store” located in Daegu-gu, Daegu-gu, Seoul Special Metropolitan City (hereinafter “H convenience store”).

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

2. On December 2016, Defendant B established a corporation that was a representative of the Defendant, and opened an account under the name of the said corporation (J). On January 1, 2017, Defendant B opened a e-mail card and an OTP card connected to the said E account to C on the alleyway adjacent to the “H convenience store” located in Daegu Jung-gu, Daegu-gu, as the first policeman.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

[2] No person shall lend any access medium used in electronic financial transactions in return for payment. [2018 Height 3142: Defendant B] No person shall lend such medium.

Nevertheless, on December 14, 2016, the Defendant opened a deposit account in the name of L, which is a floating company, with K around December 14, 2016, and distributes an access medium, such as cash card connected to the account.