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(영문) 수원지방법원 2020.05.14 2018고단3516 (1)
전자금융거래법위반등
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, for Defendant B and for Defendant D, for eight months, and for Defendant E, for six months.

Reasons

Punishment of the crime

On September 13, 2018, Defendant E was sentenced to one year of suspension of execution on September 21, 2018 by the Suwon District Court for violating the Electronic Financial Transactions Act, and the judgment became final and conclusive on September 21, 2018.

From March 2016 to April 2016, the Defendant: (a) received a proposal from a person with no personal standing to engage in loans; (b) that “a person with bad credit standing will establish a legal entity; (c) will create a false transaction performance in the corporate account; and (d) will provide loans from the corporate account; and (d) if a person establishes a legal entity and transfers an account, he/she would be able to use the bank account in an illegal manner, he/she established a legal entity “FF of a stock company” on July 25, 2016 for the purpose of obtaining loans, and then opened an account under the name of F in the G bank, etc.

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of electronic financial transactions.

Nevertheless, at around July 2016, the Defendant received a proposal from a person who was not aware of his name, to the effect that he sent a corporate account “to forward a loan by making a false transaction record to the corporate account”, and he knew that if he sent the corporate account, the account could be used on an illegal day, he then transferred the means of access by directly exposing the passbook, physical card, andOTP card connected to the G bank account in the name of F Co., Ltd. established as above.

Around January 2016, the Defendant (Defendant A) received a proposal from K to “to give KRW 800,000 won per unit if he/she opened a floating corporation and created a passbook,” and accepted it, and around March 24, 2016, the Defendant “a limited liability company” is called “a limited liability company.”

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