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(영문) 서울서부지방법원 2020.05.21 2020고단824
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

No person shall, in using and managing a means of access, lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on February 7, 2019, the Defendant listened to the purport that “When the Defendant establishes a corporation and send a passbook, check card, etc. in the name of the corporation, it would be possible to obtain loans after raising credit rating.” On March 7, 2019, the Defendant issued a passbook, check card, and OTP card connected to the D Bank Account (E) opened in the name of the said corporation to the said B, and issued the passbook, check card, and OTP card connected to the total five accounts opened in the name of the said corporation from around that time to May 17, 2019, as shown in the attached crime list.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes, such as an application for account transaction, a business registration certificate, a certificate of personal seal impression, a copy of a register, an application for account transaction in a bank, an application for account transaction in a bank, etc., details of opening an account in a bank, investigation report (related to search and seizure warrant applying a financial account and an application for

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act shall be determined as the same sentence in consideration of the following circumstances and other various conditions of sentencing as shown in the argument of this case.

Unfavorable circumstances: The nature of the crime itself is not good and the circumstances leading to the crime are not good.

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