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(영문) 대전지방법원 2021.01.15 2020고단4423

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no person who transfers any access medium to the account of a limited company B shall transfer such medium to another person in using and managing the access medium;

Nevertheless, on September 2019, the Defendant: (a) falsely misrepresented the employees of a lending company, “if it is possible to make a false transaction result, to make a loan in the future; (b) delivered the Defendant’s personal seal impression certificate, certificate of personal seal impression, and identification card, etc.; (c) followed the establishment of a corporation under the name of a limited company B in the name of the Defendant by using it; and (d) issued a copy of the above registry and the office lease contract, etc. to the Defendant; and (e) on November 2019, the Defendant: (a) opened an account under the name of the said corporation in the name of the said corporation in the name of the Busan Tax Office in the name of the said corporation; and (b) issued the cash card, OTP card, and copy of the passbook to the said person in the name of the said corporation in the name of the said corporation in the name of the said corporation.

As a result, the Defendant transferred the access media to a name-free person.

2. No person who transfers any access medium to a bank account in the name of a limited company B shall transfer the access medium unless otherwise specifically provided for in any other Act in using and managing the access medium;

Nevertheless, the Defendant demanded that the account under the name of the limited company B, which was opened under the above circumstances, be additionally required in order to accumulate the transaction records necessary for lending from the name in the name in the name in paragraph 1. On December 2, 2019, the Defendant opened the account (Account Number: E) in the name in the name of the juristic person at the branch of NF branch of the D Bank in the middle of the DF, and is located in the Daejeon Middle-gu.