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(영문) 서울북부지방법원 2020.10.20 2020고단2825
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on February 14, 2019, the Defendant accepted a proposal from his name-free persons to the effect that he was “to create a false corporation in order to secure loan performance, and to open an account under the name of the corporation.” At that time, the Defendant issued the name-free persons a lease contract, resident registration certificate, certificate of personal seal impression, etc. necessary for the establishment of the corporation, and let the name-free persons establish B in the registry of the Seoul Central District Court located in Seocho-gu Seoul District Court around February 22, 2019. On March 14, 2019, the Defendant opened two accounts in the name of B (D, E) in the name of the Seoul Central Bank in the name of the Seoul Central District Court located in the Seoul Central Bank and opened two accounts in the name of B (D, and two OT cards and two OTP cards connected to each of the above C Bank near the Seoul Northern District Court located in the Seoul Central District Court around that time, and opened the name of Gangdong-gu Seoul Central Bank in the name of Gangdong-dong and the name of the 1.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Investigation report (the result of a reply to a request for the provision of gold information) and an application for transaction attached thereto;

1. Application of Acts and subordinate statutes to an application for a new transaction (B), a business registration certificate (70 pages of evidentiary records), a certificate of personal seal impression, and a copy of identification

1. Article 49(4)2 and Article 6(3) of the Electronic Financial Transactions Act concerning criminal facts

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