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(영문) 인천지방법원 2020.05.11 2019고단9239
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

around December 2018, the Defendant: (a) received a proposal from “B” on the name “B” on which communication was made by reporting the advertising notice “non-capital loanable” via the Internet; (b) “I will have two corporations; (c) change the representative of a legal entity into a bank account and store the transaction performance after opening an account; and (d) changed the representative of “C” and “C” in the Seoul Central District Court’s registry office on January 21, 2019 to the Defendant; and (c) opened the corporate bank account (E) and the corporate bank account (F) in the name of “C” and “D” bank account with each of the above accounts; and (d) issued the above bank name and password to the above account as indicated in the attached list from June 5, 2019 to June 5, 2019.

As a result, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on remittance details, message details, financial transaction meetings (written applications for bank transactions, account details, etc.), certified transcript of corporate register, application for opening of each account, and details of account transactions;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for a period from April to June 10.

A. Violation of each Electronic Financial Transaction Act [decision of type].

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