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(영문) 서울중앙지방법원 2018.01.31 2017고단7890
전자금융거래법위반
Text

Defendant

A Imprisonment with prison labor for two years, for one year and six months, and for eight months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend, store, deliver or distribute any access medium at the time of receiving any consideration, unless otherwise provided for in any other Act.

1. Defendant A, the Defendants established a legal entity by lending another person’s name with G, H, I, J, K, or L (hereinafter “unauthorized Arrest”), and opened an account in the name of the legal entity established after the establishment of the legal entity. The Defendant A, the Defendants conspired to lend cash cards, OTP cards, passwords, and official approval certificates received from the bank to receive the price.

Defendant

A and G play a role in lending bankbooks established in the name of a juristic person to unspecified persons and distributing profits received from them, L established a juristic person with documents necessary for the establishment of a juristic person and then transferred such juristic person documents to H, etc., H, I, and J visited the bank upon receiving the above documents to obtain the opening of passbook, cash card, OTP card, and Defendant B and M used Kwikset to lend access media such as cash card and receive the profits therefrom in cash or by distribution.

According to the above public offering, around March 6, 2017, the Defendants opened an account in the name of the National Bank of Korea (O) at the age of 5 in Seodaemun-gu Seoul, Seoul, and leased the above account’s cash card, OTP card, official certificate, and password to Kwiksetset Service and received KRW 1.5 million per month in consideration of the above public offering. From July 1, 2016 to July 14, 2017, the Defendants received KRW 118 times in total (excluding Defendant B No. 18, No. 199, Sept. 8, 2017; Defendant 200,000 won in violation of the Electronic Financial Transactions Act from the Dong District Court issued a summary order of KRW 3 million on September 8, 2017; and the judgment of KRW 1,500,000 per month on July 19, 201.

2. Defendant C: (a) around April 2017, around H.

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