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(영문) 서울중앙지방법원 2020.06.11 2020고단1492

전자금융거래법위반

Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

No one shall transfer any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

1. On August 2016, Defendant A accepted the offer that “When an online shopping mall corporation is established in the name of the Defendant, an account is opened in the name of the corporation and an account is transferred, Defendant A would have raised credit rating and then receive a loan from a financial institution.”

The Defendant established, on October 19, 2016, a juristic person in the Dispute Resolution Co., Ltd., and opened a bank account (E) in the name of the said juristic person on November 8, 2016, and on June 7, 2017. The Defendant opened a total of 19 accounts from around that time to June 7, 2017, as described in attached Table 19, from November 8, 2016 to the same month, and transferred the above passbook, the instant passbook card, the password card, and the password to the non-listed person on several occasions over several occasions on a date no later than the opening date of each account. < Amended by Act No. 14378, Dec. 26, 2016; Act No. 14477, Feb. 20, 2017; Act No. 14538, May 17, 2017; Act No. 14839, Jun. 7, 2017>

2. A around July 2017, the Defendant introduced a wounded person via A and received the foregoing proposal, and established a bank account (H) in the name of the said corporation on August 17, 2017, following the order of the wounded person, Defendant B transferred a total of 20 accounts, as described in the List of Crimes, from around that time to September 28, 2017, by opening a total of 10 accounts, including the passbook, c cards, OTP cards, and passwords to the needy person in a coffee shop, etc., where it is impossible to know the trade name near the Gangnam-gu Seoul Metropolitan Government calendar station on two occasions no later than the date of opening each account.

Summary of Evidence

1. Defendants’ respective legal statements

1. Specified financial transaction information;

1. Responses to requests for cooperation with each investigation;

1. A corporation which has filed an investigation report, and