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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단2261

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for 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

No person shall transfer or take over, or set up a pledge on, a cash card or a password used in the cash card which is an access medium in an electronic financial transaction, a user number registered in a financial institution, etc.

Nevertheless, on May 2017, the defendant would make a loan if he/she opens an account under the name of the corporation and send the passbook to him/her.

In response to the proposal, “B” was established as a corporation around June 16, 2017 for the purpose of transferring a financial account to a name-free person.

After that, on June 23, 2017, the Defendant opened the Agricultural Cooperative Account (C) under the name of the Co., Ltd. (C) and around June 2017, transferred the passbook, cash card, password, etc., which is an access medium connected to the said account, to a person with no name, and transferred it to a person with no name, as indicated in the list of crimes in the attached Form, as shown in the list of crimes, from around that time to January 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of transfer of money from damage, a business registration certificate, and a certificate for all registered matters;

1. Investigation Report (Reporting on details of financial transactions attached) - Application of the Acts and subordinate statutes of Part V of the financial transaction details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the transfer of the access media as in the instant case’s reason for sentencing under the suspension of execution is necessary to severely punish the safety and reliability of electronic financial transactions and to use it as a means of other crimes. The Defendant established a false corporation to create an account, and the access media actually provided by the Defendant is also used for phishing crimes.