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(영문) 광주지방법원 목포지원 2020.03.27 2019고단820
전자금융거래법위반등
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

When the Defendant, as a bad credit holder, was unable to lend a loan in a normal way, on September 2018, the Defendant was offered from a person with bad credit standing to “to lend a loan to a bank account opened after establishing a corporation,” and was falsely established to transfer the means of access, etc. in electronic financial transactions.

1. On September 27, 2018, the Defendant: (a) around September 27, 2018, filed an application for registration of incorporation with a public official in charge of registration of the Incheon District Court to enter the contents of the above application in the corporate register of the commercial registration information system; (b) around that time, the Defendant, without having an intention to establish and operate a juristic person, intended to open a bank account in the name of the juristic person and transfer it to another person; and (c) the said certified judicial scrivener, for the purpose of software development, computer wholesale trade, etc.; (d) filed an application for registration of incorporation with a public official in charge of registration of the Incheon District Court; and (e) filed it with a public official in charge of registration of the commercial registration information system; (e) entered the contents of the application in the corporate register of the commercial registration information system; and (e) exercised it by allowing him/her to peruse the corporate register recorded in the above fact of insolvency.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over, or establish a pledge on, a passbook or a password necessary for using the means of electronic financial transactions, or a user number registered with a financial institution or an electronic financial institution;

Nevertheless, around October 2018, the Defendant issued a false H bank account (Account Number: I) in the name of the H bank account in the name of “E” established on the first floor of the Gangnam-gu Seoul Metropolitan Government G building, such as paragraph 1, around October 2018.

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