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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단3263

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer a means of access under the Electronic Financial Transactions Act.

Nevertheless, in front of the Jeju Island located in 1432, the Defendant issued a proposal to lend a passbook connected to the corporate account at the center of Seocho-gu, Seoyang-gu, Seocho-gu, 2017, and presented a personal seal impression, personal seal impression, and seal impression, etc. necessary for the establishment of the corporation, to a person with poor name. On December 12, 201, the person in poor name was registered as “B” in the name of the Defendant under the name of the Defendant.

The Defendant opened a bank account (E) in the name of the said corporation at the Hansan-gu branch of the D Bank located in U.S. Simsan-gu at the end of the same month, and opened a passbook connected to the said account before the said Jeju-gu branch.

Accordingly, the Defendant transferred access media to the Electronic Financial Transaction Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written petition;

1. Search, seizure, verification warrant and reply data;

1. Application of Acts and subordinate statutes to a report on investigation (request for cooperation in investigation - high-sea duty);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition by taking into account the fact that a corporation is established due to the act of the defendant with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no same kind of power, confession and reflect, the number of transferred bankbooks is one, and all other factors of sentencing as prescribed by Article 51 of the Criminal Act.