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(영문) 인천지방법원 부천지원 2019.05.21 2019고단50
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 the means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

Nevertheless, on May 3, 2018, the Defendant reported the leaflet related to debt consolidation, corporate loan, etc. in front of the Defendant’s residence in Kimpo-si B, Kimpo-si, and contacted the names of the persons with poor credit from the names of the persons with poor credit, and also establishes a juristic person’s name to establish a juristic person and establish a false transaction performance, thereby hearing the horses that it is possible to grant a loan from a financial institution. On May 3, 2018, the Defendant established a stock company C around the same year.

6. On November 1, 200, a total of 10 accounts, such as F, 2G, H, 4 I, J, C, K Bank Account under the name of K Bank 6L, 7M, 8N, 9O, and 0P, were opened with a password designated by the above holders of the name cards, and delivered a check card connected to the above account to the above holders of the name cards.

Accordingly, the Defendant delivered 10 physical cards, which are means of access, to the victim, with the knowledge that they will be used for a crime, such as fraud loans, or that they will be used for a crime.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each written appeal and each written statement;

1. Application of the Acts and subordinate statutes to the K Bank Warrant Answer;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have established 10 accounts in the name of the legal entity after the establishment of the legal entity, in which the defendant did not intend to actually operate the legal entity, and delivered the check card connected to the said account to the

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