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(영문) 인천지방법원 2020.06.18 2020고단2407
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, on October 2019, proposed that “In the event that he establishes a juristic person and opens an account under the name of the juristic person and lends the passbook, etc., 500,000 won per each juristic person shall be loaned, and 500,000 won shall be given per each loan of the head of the Tong,” and the documents necessary for the incorporation of the juristic person shall be drawn up to the person who is not the name, and the documents necessary for the establishment of the juristic person shall be lent to the person who is not the name, and the Defendant shall be lent to the person who is not the name, after opening

1. Around October 16, 2019, the Defendant opened an enterprise bank account (D) in the name of a stock company B, and, on the following day, sent a passbook, check card, OTP card, etc. connected to the above enterprise bank account in front of the Defendant’s dwelling in Dong-gu Incheon Metropolitan City’s dwelling, through Kwikset service.

2. On November 26, 2019, the Defendant opened the F Bank Account (G) and the F Bank Account (H) Account under the name of F Bank Account (G) and F Bank Account (H) in the name of C, respectively. On the following day, the Defendant sent each passbook, C Card, OTP card, etc. connected with the F Bank Account before the Defendant’s residence to Kwikset Service.

As a result, the Defendant promised to receive a loan, etc., and lent the means of access to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Certificates of deposit;

1. The table of customer information and details of account transactions, etc., replies to tax offices, certified public copies of corporate registers, applications for opening accounts (F banks, corporate banks), details of account transactions, etc.;

1. Application of Acts and subordinate statutes for reference material description;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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