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(영문) 광주지방법원 2019.10.08 2019고단2439
전자금융거래법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2019, the Defendant was sentenced to imprisonment with prison labor for ten months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) at the Gwangju District Court, and the judgment was finalized on July 5, 2019.

【Criminal Facts】

No person of "2019 Highest 2439" shall engage in any act of lending any means of access necessary for electronic financial transactions while demanding, promising or promising the compensation therefor.

Nevertheless, around September 1, 2018, the Defendant, at a high-speed bus terminal located in Gwangju-gu, sent a e-mail card, with a false transaction performance, and opened the e-mail card and password connected to the Cbank (D) account in the name of a limited liability company B on the same day, according to the proposal of the name-free box stating that “When sending the e-mail card, the Defendant will provide the loan by accumulating the false transaction performance.”

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

No person of "2019 Highest 2523" shall engage in any act of lending any means of access necessary for electronic financial transactions while demanding, promising or promising the compensation therefor.

Nevertheless, on September 2018, the Defendant established a limited liability company E in accordance with the proposal of a person who was named as "to establish a corporation and to make a loan by creating a transaction performance on the face of the head of the Tong." On October 10 of the same year, the Defendant opened a corporate bank account in the name of the limited liability company in the corporate bank located in Gwangju North-gu, Gwangju-gu, and then opened a corporate bank account in the name of the limited liability company E (F). At around that time, the Defendant laid down the name in the high-speed bus terminal that was linked to the above corporate bank account in Gwangju-gu, using high-speed bus freight.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

[2019 Highest 2439]

1. The defendant's legal statement; 1.1.

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