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(영문) 부산지방법원 서부지원 2021.01.22 2020고단2076

전자금융거래법위반

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 14, 2019, the Defendant proposed that D in Suwon-si Building C, Suwon-si, “After opening a juristic person under the name of the president, opening three accounts in the name of the juristic person, and one million won per a face-to-face account,” and D consented thereto, and then filed an application for establishment report and business registration with D at the Dongwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the 13th representative of which was D at the Dongwon-si Tax Office. < Amended by Act No. 13797, May 14, 2019>

On May 14, 2019, the Defendant: (a) opened a passbook, an OTP card, and a check card connected to a company bank account (Account Number F) in the name of a limited company E in the name of a limited company established D, and issued one million won in cash around June 4, 2019 in return.

On June 14, 2019, the Defendant opened a passbook, an OTPP card connected to H bank account (Account Number I) in the name of the limited company E established by D, and issued a passbook, an OTPP card connected to the K bank account in the name of the limited company E established by D (Account Number I) on or around July 15, 2019, at the K bank located in the JJ, and issued a passbook, an OTPP card connected to the K bank account in the name of the limited company E established by D (Account Number L) and in return, one million won in cash on or around August 2019 and one million won in cash over several occasions from June 2019 to September 2019.

Accordingly, the Defendant acquired access media from D.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of data on the current status of financial transactions in suspect interrogation records by each prosecutor's office on M, bank transaction records, business registration certificates, customer basic information inquiry, notification of the current status of financial transactions in M (the confirmation of consideration received by a suspect D from A), investigation status of deposit transaction records certificate (the confirmation of an application for opening accounts in the name of a limited company E and K Bank and the details of account transactions) and investigation report on response to a request for provision of financial transaction information (the confirmation of payment for sale of suspect D counterpart corporate accounts) and application of statutes

1. Articles 49(4)1 and 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts.