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(영문) 수원지방법원 2019.09.05 2019고단291
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 making a transaction request in electronic financial transactions, or using and managing a means of access to secure the authenticity and accuracy of users and the details of such transaction, no person of "2019No person" shall borrow or lend a means of access or keep, deliver or distribute a means of access by receiving, requesting or promising any compensation, unless otherwise expressly provided for in any other Act.

Around October 2017, the Defendant received a proposal from a person under whose name the Defendant came to know through an advertisement advertisement on the Internet, to pay for KRW 500,000 won per account, if he/she establishes a corporation by registering his/her business in the name of the Defendant, and lends his/her account in the name of the corporation after opening the account under the name of the corporation. Upon accepting such proposal, the Defendant established a mutual legal entity named (oil)B as the Defendant’s representative, and opened an account in the name of the legal entity, and then received delivery of KRW 80,000 in return for the receipt of the proposal from the person under whose name the name the business was known, CB bank account in the name of the same legal entity, CB bank account in the name of the same legal entity, CB bank account in the name of the same legal entity, FB bank account in the name of the same legal entity, HB bank account in the name of the same legal entity (I) and HP card account in the name of the same legal entity.

Accordingly, the Defendant lent the means of access used in electronic financial transactions for consideration.

"2019 Highest 3510"

1. On September 2017, the Defendant: (a) accepted a proposal to pay KRW 500,000 per account when he/she was aware of any false entry into the public electronic records, etc., and any false entry into the public electronic records, etc.; and (b) received a proposal to the effect that he/she would pay for the amount of KRW 500,000 per account when he/she was registered as a business operator under the name of the Defendant; and (c) received a loan after opening an account in the name of the corporation; and (d) did not actually establish a corporate office.

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