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(영문) 광주지방법원 2020.08.27 2020고단2743
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

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

Nevertheless, around October 2019, the Defendant received text messages stating that “I wish to get loans” from a person who has no standing in his/her name at the defendant’s home located in Gwangju metropolitan, and contacted the person who has no standing in his/her name with using telegram.

On the same day, the Defendant, upon receiving a proposal from the above person in bad name, established a corporation to “to obtain a loan from a business operator with low credit rating, and opened a financial account and send a e-mail card, it will be able to lend the loan.” In order to establish a corporation, and to send the e-mail card, etc. to the account holder with no name.

On November 5, 2019, the Defendant leased building C Building D in Yeongdeungpo-gu Seoul Metropolitan Government and established the clothing wholesale retail chain E Company E on November 8, 2019. On November 13, 2019, the Defendant registered his/her business in Yeongdeungpo-gu Seoul Metropolitan Government on the registration of his/her business. On November 14, 2019, the Defendant opened an account (G) in the name of the said company at the F Bank located in Yeongdeungpo-gu Seoul Metropolitan Government.

On November 14, 2019, the Defendant directly released the means of access, such as physical cards, passwords, and authorized certificates, connected to the said account at the vicinity of the said FF bank.

On December 23, 2019, the Defendant opened two accounts (K and L) in the name of the said company at the International Association J branch located in H in Seoul Special Metropolitan City, Nowon-gu on December 23, 2019, and opened the means of access, such as physical cards, passwords, and authorized certificates connected to the said account in the vicinity of the said Mbank on the same day.

Accordingly, the defendant committed an act of lending the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. N’s petition;

1. Details of transfer and Kakao Stockholm dialogue;

1. Responses, business registration certificates, and business registration certificates regarding requests for financial transaction information;

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