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(영문) 서울서부지방법원 2019.07.19 2019고단1660
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

1. On May 2017, the Defendant: (a) committed a promise that “If a Party becomes an internal director of a corporation and opened an account under the name of the corporation, and then establishes a cash card and an authorized certificate, the Defendant would have a loan of KRW 50 million to a low interest rate; (b) completed the registration as an internal director of a stock company B; (c) on the 25th of the same month, the Defendant opened a bank account in the name of the C Bank Account (D), and (d)B (Business) pursuant to the said promise; (d) around that time, the account number was opened in the name of the C Bank Account (Account Number) in the name of the (State); and (e) around that time, two (2) the cash card, the means of access connected to each account, and (2) the Kwikset Service, including an authorized certificate, were delivered to the party under whose name it was named.

2. On August 9, 2017, the Defendant: (a) opened an account with HA pursuant to the agreement that “if a corporation account is additionally opened and sent, cash cards and authorized certificates are created and sent; (b) it is possible to obtain a loan; (c) and (d) around that time, one cash card, the means of access connected to the said account, and one USB containing an authorized certificate, through Kwikset’s service.

3. On October 23, 2017, the Defendant opened a H Association account (Account No.J) in accordance with the commitments with the same content as that set forth in paragraph (2) with the person who was unaware of the above name. Around that time, the Defendant sent one cash card, which is a means of access connected to the said account, and one USB that contains an authorized certificate, to the said G.

As a result, the Defendant promised to receive future loans on three occasions in return for the intangible expected profit, and lent the means of access connected to four accounts.

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