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(영문) 서울서부지방법원 2019.10.02 2019고단1435
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[2019 Highest 1435] Any person shall not transfer a means of access used in electronic financial transactions, and shall not lend a means of access after receiving or promising the payment.

Nevertheless, the Defendant: (a) accepted the proposal by a wounded person who is not entitled to receive a loan through false transaction performance (so-called “work loan”); and (b) established a Puercom on the date of its establishment; and (c) intended to transfer the means of access linked to the account after opening the account in the name of the pertinent corporation; and

1. At the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the date of 2018, the Defendant laid off the passbook, physical card, password, andOTP of the corporate bank account (D) in the name of the company bank ("B") in front of the "Gnam Station". Accordingly, the Defendant transferred the means of access as above. From the end of July 2018, the Defendant, at the coffee shop located in Gangnam-gu, assigned the passbook to the bearer ("B"), the passbook, cash card, and password of the bank account in the name of the company E (G) in the name of the company ("G") to the Buddhist winners. Accordingly, the Defendant transferred the means of access as above. On March 2018, 2018, the Defendant promised the lending to the "G" bank account in the name of the user, and transferred the password to the 20th "OB" bank's name and the 20th "B" bank's name and the 20th "B" bank account in the name of the user.

Nevertheless, the defendant accepted the so-called "work loan" through false transaction performance, and then opened an account under the name of the juristic person by establishing Pucomer and opened it with the account.

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