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(영문) 서울중앙지방법원 2018.02.01 2017고단8865

전자금융거래법위반

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium or store, deliver, or distribute such medium at the time of receiving any consideration.

After establishing a legal entity by lending another person's name, such as CX, CY (at least to be charged with detention to the Seoul Central District Court on November 15, 2017), CZ, DA, DB, DC, DD (at least arrested), and opened an account in the name of the legal entity established, and conspired to lend cash cards, OTP cards, passwords, official approval certificates, etc. paid by the bank to receive the price.

CX and DA play a role in distributing profits from lending passbooks established in the name of a juristic person to the needy, and CZ established a juristic person with documents necessary for the establishment of the juristic person, and then transferring these documents to DB, DB, DC, and DD received the above documents, and visited the bank to issue the passbook, cash card, OTP card, and the defendant and CY leased the access media such as Kwikset through cash card, and received the profits in cash or by large circulation.

In accordance with the above public offering, around March 6, 2017, the Defendant opened an account under the name of DoE (DF) in respect of the issue of the Kokkset Bank (DF) with the annual length of 5,00,000 won, and lent the above account’s cash card, OTP card, official certificate, and password to the non-name of Kkwikset Company through Kwikset Service and received KRW 1,50,000 per month in consideration of the above public offering. From August 5, 2016 to June 29, 2017, the Defendant lent the access media, such as the cash card, etc. in the name of the legal entity, for a total of 150,000 won per 10,000 won per passbook, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the protocol concerning the CZ of the police preparation, each examination of the suspect in relation to the DG;

1. Each statement made to CX, CY, and DG;

1. Investigative report (in relation to seized legal persons and documents), an investigation report;