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(영문) 서울중앙지방법원 2017.03.23 2016고합1161
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

[Public invitation relation] Defendant (one person “D”), E (one person “F”), G (one person “H), I (one person “J”), and K received identification cards, personal seal certificates, resident registration certificates, etc. from the elderly persons, etc. on the pretext of job offer or loan intermediation, and then, K established a so-called “scopic juristic person” using the name of the above elderly persons, etc., and conspired to open a bank account in the name of the juristic person to sell them to the organization of “Scoping” or “private sports discussions” site operators, etc.

Accordingly, in general, the defendant ordered E to take charge of the crime, and comprehensively oversees the recruitment of elderly people who are under the name of the incorporation of the corporation, the establishment of the corporation, and the establishment and sale of the public-private partnership passbook. G accepts and manage elderly people who have been recruited by E in the public-private partnership hospital, etc., or transfer them to China, such as China. I takes charge of the management and maintenance of the public-private partnership passbook secured, the telephone reception for financial institutions, etc., while taking charge of the above process, the defendant sent all documents related to elderly persons recruited to K to establish the corporation, and then sent them to the name of the establishment of the corporation after receiving the price for acquisition from K, and K takes charge of the establishment and sale of the public-private partnership passbook.

[Criminal facts]

1. Violation of the Electronic Financial Transactions Act;

(a) No person who takes over any access medium shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium which is a means or information which is used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, the Defendant, in collusion with E and G on June 2015, was living in old accommodation at “Seoul High Bus Terminal” located in 194, Seocho-gu Seoul, Seocho-gu, Seoul, as the new distribution of Seocho-gu around June 2015.

L shall have a business operator registered in the name of another person, and shall lend monthly money to L to obtain a loan under the name of the business operator.

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