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(영문) 서울남부지방법원 2019.10.10 2019고단2082
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant opened a so-called “defed passbook” under the proposal from a person who was aware of through Internet search (one name “B”) to “to have a loan by extending credit rating of the company if the bank opened a passbook in the name of the juristic person and transferred the passbook,” and asserts that the Defendant’s defense counsel is “loan” in the indictment for lending to the above person who was unaware of the name. However, according to evidence, the Defendant’s defense counsel asserts that all of the cases in the 2019 Highest 2082 and the 2019 Highest 3730 cases are “loan”. According to evidence, it is reasonable to view that the Defendant has a number of means of access in the name of limited company D several times for the same purpose (which would have the same credit rating) to the same person who was unaware of the name. As such, it is identical in the form of the act.

On the other hand, in the case of transfer or lending, the statutory penalty is the same, and the defendant's defense counsel claims that the loan is made by his/her defense counsel, and there is no disadvantage to the defendant's defense right.

I thought that they would be able to drink.

On December 2, 2017, the Defendant, on the street near the Defendant’s residence located in Guro-gu Seoul Metropolitan City, lent the means of access by informing the account number by putting the Defendant a cash card, thyptic machine, and an authorized certificate file to the account opened in the name of a limited liability company D (Account Number: F, date of opening: November 22, 2017) established with the Defendant as the representative of the Defendant.

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, the defendant, on the first day of Guro-gu Seoul Metropolitan Government, opened a house and opened a house in front of the first day of the early 2018, from a person with no name to make a corporate passbook.

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