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(영문) 서울남부지방법원 2019.09.25 2019고단1794

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 2018, the Defendant searched the Internet to obtain a loan, and made a phone call to the person in unsound name, and from the person in unsound name, the Defendant heard the statement to the effect that “a loan is likely to be made: (a) the Defendant establishes a company; (b) opened an account under the name of the company; and (c) opened an account; and (d) sent the physical check card connected to the account, and then made a loan after making a transaction record at the face of sending it.” (c) around March 2018, the Defendant issued a physical check card connected to the name of the Defendant to the Cbank (D) account in the name of the Defendant through Kwikset Service Articles 1 and 1 OTP security card to the person in unsound name.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Certification of remittance results;

1. Business registration certificate;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, repeated the same crime record.

The crime of this case was established by the defendant with no real entity for the purpose of lending a bank account under the name of the corporation and lent the means of access to another person.

Such a crime of violating the Electronic Financial Transactions Act is the basis of serious crimes by allowing the account in the name of the corporation to be used for other crimes, and there is a big social harm and need for punishment.