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(영문) 광주지방법원 순천지원 2018.02.13 2017고단2171

전자금융거래법위반

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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

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, the Defendant: (a) heard the speech of the Buddhist box that “I will give KRW 10,00,000 on the face of the week when a corporation is established in order to require the corporation to pay taxes; and (b) would give KRW 500,000 per one if I lend the corporate passbook for three months; and (c) formed AW around September 6, 2016 and became the representative; and (d) had the intent to open an account under the name of the said corporation and lend the passbook connected to the said account to the needy person.

1. On October 17, 2016, the Defendant established two (AX, AY) accounts in the name of the KB National Bank in the name of the KB bank, Inc. at a closed-end bank around October 17, 2016. Around that time, the Defendant sent a passbook, cash card, security card, etc. connected to the said accounts to the needy through a high-speed bus cargo line, and received KRW 1,00,000 in return for such opening.

Accordingly, the defendant received compensation and lent the approaching media.

2. The Defendant committed the crime of October 27, 2016: (a) opened two accounts in the name of KB bank in the name of KB (AZ, BA) in the name of KB bank Co., Ltd. at around October 27, 2016; (b) set up passbooks, cash cards, security cards, etc. connected to the said accounts through high-speed bus cargo services around that time; and (c) received KRW 1,00,000 in return for such opening.

Accordingly, the defendant received compensation and lent the approaching media.

3. On November 8, 2016, the Defendant established three (B, BC, BD), and IBK Enterprise Bank Account (BE) with the Bank Account of AW at Franchi, Inc. around November 8, 2016, and around that time, the Defendant sent the passbook, cash card, and security card connected to the said Account to the Franchis Bank Cargo.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

b)a summary of the evidence;