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(영문) 인천지방법원 2020.08.26 2020고단4640
전자금융거래법위반
Text

Defendant

H Imprisonment with prison labor for eight months and for one year and two months, respectively.

However, as to Defendant H, this is applicable.

Reasons

Punishment of the crime

[criminal power] On February 21, 2018, Defendant A was sentenced to two years of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention Center on February 14, 2019.

【Criminal Facts】

No person may transfer or acquire a means of access in using and managing the means of access.

1. Around July 2019, Defendant H proposed that he “to establish a corporation and open an account in the name of the corporation and transfer the passbook, etc. to another person,” and the Defendant decided to hand over the documents necessary for the establishment of the corporation to the name in the name in the name in question, and to transfer the documents to the name in question after opening the account in the name in the name of five corporations, such as I, a corporation established by the Defendant as the representative.

On August 13, 2019, the Defendant opened a corporate bank account (J) in the name of Company I, and on the same day, delivered and transferred a passbook, e-mail card, OTP card, etc. connected to the above account to the account before the branch of the Enterprise Bank Southern-gu Incheon Metropolitan City branch, and transferred the means of access, such as passbooks, e-mail card, OTP card, etc. connected to the total 14 accounts from November 26, 2019 to November 26, 2019.

2. On December 30, 2019, Defendant A: (a) received a proposal from a person who was unaware of his name to “to grant loans of KRW 30 million to a person who was unaware of his name by creating a transaction performance at the time of the transfer of passbook, etc. by establishing or acquiring an existing corporation; (b) the documents necessary for the establishment and acquisition of a corporation are written to the person who was unaware of name, and thereby, (c) the Defendant additionally established a M Co., Ltd. with the representative of Defendant other than the K and L Co., Ltd., which is the representative of the Defendant; and (d) around December 30, 2019, the Defendant decided to transfer N Co., Ltd. with the representative of the above H as the representative of the Defendant and transfer it to the person who was unaware of his name.

The defendant around December 4, 2019.

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