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(영문) 서울서부지방법원 2019.09.27 2019고단2627
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall transfer or take over, receive or promise to lend the passbook, cash card, password, etc., which is a means of access to financial institutions established under his/her name, to any third party.

Nevertheless, the Defendant opened a passbook in the name of the legal entity whose representative is himself/herself, after receiving a proposal from the person who was unaware of his/her name in the name of the biological site, stating that “the head of the Tong/C to get a loan” is “the head of the Tong/C to receive the loan,” and decided to

The defendant, the defendant,

1. On October 29, 2018, a corporation “B”, the representative of the Defendant, was newly established, and a bank account under the name of the corporation was newly established, and then the means of access, such as the passbook and physical check, of the account in the name of the said corporation, was sent to the said person via Kwikset Service Articles;

2. Around October 31, 2018, a new bank account (G) was opened in the name of “F of a stock company,” the representative of the Defendant, and the means of access, such as the passbook, physical card, etc. of the bank account in the name of the F of the said stock company, was delivered to the said Buddhist person via Kwikset service article.

Accordingly, the Defendant promised to lend the means of access to a total amount of two occasions, and then lent the means of access respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes to a warrant of search, seizure and verification, reply (representative's personal information, details of transactions, investigation report, and statement of accounts in the name of the Bank of Korea);

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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