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(영문) 서울남부지방법원 2017.05.11 2016고단6288
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of the 2016 Highest 6288 [2016 Highest 6288] , “If a corporation is established and sent with a corporate account, the Defendant would be able to obtain a loan by accumulating the transaction performance of the account and issuing a source collection after securing the transaction performance.

“Along with the fact that the loan was made in an abnormal and unlawful manner, it was not aware of the personal information of the person whose name was omitted, and did not completely verify the authenticity of the loan promise, including whether the name was affiliated with any institution or business entity. The time, place, and method for the Defendant to receive a return of the passbook and cash card sent by the Defendant, as well as the response method to the case that the Defendant did not return (not only sending the passbook, etc. to a specific address but also sending it to Kwikkset service, and thus, the address and the location of the recipient’s office was not confirmed).

In particular, the Defendant, even on November 2015, was proposed to offer a loan to a person with no name, and established the F, and then opened an account in the name, and did not return the passbook, etc. to the person with no name.

Therefore, the defendant was fully aware that even if he opened an account under the name of (ju)G and sent it to the above person without the name, he may use the passbook and the check card in mind for other purposes, such as using it and not returning it.

Nevertheless, on February 18, 2016, the Defendant opened a national bank account (H) account at the long-term Dong branch of the national bank located in the city Kimpo-si in Gyeonggi-do, Kimpo-si, Kimpo-si on the date of the same month to the Kwikset Service Articles who sent the above name in front of the apartment, and the passbook, check card, and OTP security card connected with the above opened account to the Kwikset Service Articles who sent the above name in front of the apartment.

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