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(영문) 서울남부지방법원 2017.03.09 2016고단4808
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 person of the 2016 Highest 4808 shall lend any access medium with his/her promise to use and manage the access medium.

Nevertheless,

1. On June 18, 2015, the Defendant opened a new bank account in the name of the representative director, and opened a new bank account in the name of the non-person who was waiting for the said bank's branch office, and opened a new bank account in the name of the non-person who was waiting for the said bank account, such as one passbook, one physical card, and one password.

As a result, the Defendant promised to pay for the price and used an access medium for the Defendant.

2. On July 23, 2015, the Defendant: (a) heard that the Defendant would offer a passbook to KRW 10,000,000,000 from the name influence (one name: B); (b) opened a bank account of the name in the name of the Plaintiff, the representative director, and (c) opened a bank account of the name in the name influence of the said bank account; and (d) opened a bank account of the name influence, the Defendant, who was waiting before the said two calendars; and (e) opened an access medium, such as one passbook, e-mail card, one cash card, and password.

As a result, the Defendant lent the access media in return for the promise of compensation to the third party. In using and managing the access media, the Defendant is prohibited from transferring the access media unless otherwise specifically provided for in other Acts.

Nevertheless, the Defendant listens to the statement that he would give money from a person who has no name (one: B) and according to the evidence around September 21, 2015, the date and time when the Defendant opened the above account can be known to around September 21, 2015, and the written indictment “20.7.7.”

8. The “dateless warning” appears to be due to mistake.

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