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(영문) 광주지방법원 2020.05.14 2019고단5638
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions with the receipt, request or promise of any compensation.

Nevertheless, the Defendant, who was aware of a loan through the Internet around October 2017, received a proposal from “B,” the name of the non-performing company, which opened and sent the account in the name of the juristic person, to obtain the loan by means of raising credit rating by setting up the transaction details. After opening a false juristic person and opening a passbook, he thought that the Defendant would receive the intangible profits on the loan in return for the payment by lending it to the name-dispercing person and making the false transaction performance for the loan.

On October 31, 2017, the Defendant opened the Industrial Bank account (D) in the name of a limited liability company C, and thereafter opened the passbook, OTP, physical card, etc. (hereinafter “Access media”) in the F coffee shop located in Seo-gu, Seo-gu, Gwangju at that time, and opened the H Bank account in the name of a limited liability company C (I) on December 1, 2017, and around that time, opened the means of access in the above account to the “G” with the name of “G”. On February 2, 2018, the Defendant opened the H Bank account in the name of a limited liability company (K) and C Bank account in the name of a limited liability company C (M) at the same coffee shop.

Accordingly, the defendant agreed to receive the price and lent the electronic financial transaction media.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Investigative report (a warrant of seizure, search, inspection, gambling and executing financial accounts);

1. A copy of each certified transcript of the corporate register (N), (O), (P), (H), and (S) Q, one copy of each certified copy of the corporate register, and one copy of the interview from the domicile on the certified copy of the corporate register, the legal entity (H), J, and (H)C;

1. Details of Hbank Account Transactions in the name of J bank;

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