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(영문) 인천지방법원 2019.05.30 2018고단9442

전자금융거래법위반등

Text

Defendant

A and H shall be punished by imprisonment with prison labor for a year and six months, and by a fine of 2,00,000 won for defendant G.

Defendant

G The above fine.

Reasons

Punishment of the crime

In using and managing the means of access (Defendant A), no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that it is intended to use it for a crime or is to be used for a crime, unless otherwise specifically provided for in any other Act.

On February 2, 2018, the Defendant: (a) proposed to offer a loan for work for bad credit holders from a deceased person on his/her name; and (b) established a post office account in the name of the deceased person on March 27, 2018 in accordance with the order of the deceased person on his/her name; (c) on April 27, 2018, the Defendant opened a post office account in the name of the deceased person on April 27, 2018; and (d) lent the means of access with the knowledge that the passbook, cash card, etc. of the said account would be used for the crime of Bophishing or illegal lending through Kwikset service articles around the territory of Michuhol-gu, Incheon

[Defendant A, G] 2019 Highest 1321

1. In using and managing a means of access, no person may transfer or acquire a means of access unless otherwise specifically provided for in any other Act;

Nevertheless, around March 19, 2018, the Defendant received a proposal from a person who was unable to lend work loans for bad credit holders in front of the subway station located in the territory of Michuhol-gu Incheon, Incheon, and established I as the representative director of the Defendant, and, after establishing I as the representative director, provided a physical card connected to the K Bank account (Account Number L) opened in the name of the company I.

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

2. A person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall not provide property or property benefits (hereinafter “similar act”) to a person who issued sports betting tickets or similar things and correctly predicted the outcome thereof, and anyone shall be prohibited from doing so.