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(영문) 의정부지방법원 고양지원 2018.06.20 2018고단893

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 December 2016, the Defendant would offer a loan by creating the transaction details and making it possible for the Defendant to give one million won per account when sending the account from a person who is in the name of the Defendant.

On January 2017, 2017, 6 financial accounts were opened in the name of the said corporation after the incorporation of a limited company B, a corporation, around around January 201, for the purpose of transferring a financial account to a name-oriented person.

On August 2017, the Defendant, at the entrance of “the head and 4 official permanent resident registry” located in 20-28, Goyang-si, Seoyang-si, Seoyang-si, Chungcheongnam-si, the Defendant transferred the electronic financial transaction access media using Kwikset Co., Ltd. to a person whose name is not known, using Kwikset’s service, six passbooks related to the corporate accounts listed in the attached list, such as the Korea Bank Account of B of the limited company B established as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each certificate of deposit transactions;

1. Details of transactions of deposits and withdrawals;

1. Inquiries about the details of liquidity transactions;

1. Application of statutes to the business registration certificate, all registered certificates, and membership list;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) transfer of a number of accessible media with the reasons for sentencing; (b) the fact that a crime was committed using the access media above is disadvantageous; (c) the first offender is the first offender; and (d) confession and reflect of the crime; and (c) other favorable circumstances are considered in consideration of all the conditions for sentencing as prescribed by Article 51 of the Criminal Act, and the punishment as ordered