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(영문) 서울남부지방법원 2019.07.11 2018고단6110
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

In using and managing a means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On September 5, 2017, the Defendant issued a proposal that “I will give 100,000 won per week by opening an account on behalf of a financial institution and issuing a e-mail card” from his name-free persons, and opened a B Bank account (D) in the name of “B Bank” branch of B Bank in the name of “B Company C” at a branch of B Bank, and promised to deliver one e-mail card connected to the said account to his name-free persons, and delivered the means of access.

Around July 2017, the Defendant reported and contacted with the advertisement of “E”, which is an arrest newspaper, to seek female employees, and provided that “100,000 won per head of Tong/Ku shall be paid per 1,000,000 won, if a corporate account is opened while performing a corporate agent’s business,” and the Defendant opened a corporate account under the title of the corporate account after having opened the bank account under the title of the bank, and issued the passbook, cash card, and the OTP card to the above bearer and received KRW 100,000 per head of Tong.

In a case where a bank opens an account in the name of a juristic person, the power of attorney of the applicant for opening the account and the power of attorney, a document evidencing such status, are important documents that determine whether to open the account. In a case where the relevant account is used for a crime such as Bophishing, etc., the bank must be liable for damages pursuant to the Electronic Financial Transactions Act depending on whether the relevant juristic person is a normal juristic person, whether the applicant for opening the account is an employee of the relevant juristic person or an agent

On July 12, 2017, the Defendant is from the above person who was named on the street near the village market located in 257 as Songpa-gu Seoul, Songpa-gu.

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