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(영문) 인천지방법원 2017.11.09 2017고단7279

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, on December 2, 2016, opened an account in the name of a legal entity with a bank or securities company and opened an access medium, such as a passbook connected to the account, from “C” and “D (one name E”) to invite money.

After having received a proposal to the purport, the corporation’s business registration certificate, certificate of all registered matters, etc. was opened with an account opened in the name of the corporation, and was recruited to sell them to an irregular criminal organization, which deals with “Sishing”, “loan fraud”, “illegal sports soil”, etc. through the aforementioned “C”, etc.

1. On December 8, 2016, the Defendant: (a) at the point of fire bank Dong Dong-dong, Gangseo-gu, Seoul Metropolitan Government, the Defendant: (b) filed an application for opening an account in the name of F; (c) filed an application for opening an account in the name of F; and (d) filed a false answer in the form of “written confirmation of purpose of financial transaction” in the process; and (c) had the employee of the National Bank establish an account in the name of F in the name of F. (G).

As a result, the Defendant conspired with the “C” book for soliciting D and Spoot passbooks, obstructed the opening of the accounts of the victim’s national bank by fraudulent means, and obstructed the opening of the accounts of the victim’s financial institutions by opening the accounts in total 24 times from around that time to January 17, 2017, such as the list of crimes in attached Form 24 times, respectively.

2. No person who violates the Electronic Financial Transactions Act shall transfer any access medium used for electronic financial transactions unless otherwise specifically provided for in any other Act in using or managing any access medium;

The Defendant, around December 8, 2016, opened a national bank account (G) in the name of “F” at a fire bank branch of Gangseo-gu Seoul Metropolitan Government National Bank, and linked to the said account and the agricultural bank account (H) established on the same day.