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(영문) 인천지방법원 2020.06.10 2020고단497

전자금융거래법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around October 2018, the Defendant: (a) received a proposal from an unqualified person to transfer a passbook, etc. connected to an account in the name of the juristic person, and accepted the proposal to grant a loan in consideration of the transfer; and (b) established a false report of incorporation as if a juristic person was duly established without the intent to operate the business in accordance with the purpose of the establishment of the juristic person, and submitted it to the public official in charge of registration, etc.; (c) the fact that the Defendant opened an account for the purpose of using the passbook to use the passbook, even though the account was opened for the purpose of using the passbook, he/she prepared a false certificate of purpose of financial transaction as if it was normally used for the business of the said juristic person, and opened

【Criminal Facts】

Except as otherwise expressly provided for in any other Act, no one may transfer or acquire any means of access.

Nevertheless, around April 26, 2019, the Defendant transferred the means of access, such as a passbook and e-mail card, OTP, etc. connected to the D Bank Account (E) account in the name of "limited liability company B," which was established in the above, to the party in default of his/her name.

In using and managing the means of access, no one shall borrow or lend the means of access while demanding or promising to receive any compensation therefor.

Nevertheless, the Defendant listened to the statement that “I would give a loan to a person who will create a juristic person and send a passbook under the name of the juristic person.” On December 12, 2018, the Defendant sent the passbook and cash card connected to the D (G) account in the name of the F limited liability company established in the name of the Defendant on the front side of the Suwon-si, Suwon-si, which is located in the name of the Defendant in the name of the Defendant, through Kwikset service.

As a result, the Defendant promised to receive an intangible expected profit from the loan, and therefore, the means of access to the name in favor of the accused.