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(영문) 인천지방법원 2020.08.20 2020고단4152
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

On February 2019, when the Defendant was aware of the loan, he received a proposal from a deceased person who was named in the name of the deceased person in the middle of the year 2019, that he would create a transaction performance and obtain a loan of 300 million won from KRW 100 million to KRW 300 million as if he actually operated a corporation, and thereafter, the Defendant respectively established the “AB”, “AABA”, and “AD”, respectively.

On May 10, 2019, the defendant continued to open a corporate bank account in the name of the corporate bank account (E) in the name of the subsidiary branch of the corporate bank located in Young-gu, Seoul Special Metropolitan City, Nowon-gu, 167, and sent the passbook, physical card, and the OTP card connected with the above account to the account through Kwikset on the same day.

From that time until October 1, 2019, the Defendant opened 13 accounts in the name of the said three corporations, as shown in the list of crimes, and sent the passbook, cash card, andOTP card connected to each account to the persons in the same way.

As a result, the Defendant promised to pay for an intangible expected interest that can receive future loans and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition, etc.;

1. A customer information inquiry table;

1. Application of each reply document (No. 2 and 3) statute;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to four years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] shall be limited to crimes violating the Electronic Financial Transactions Act.

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