beta
(영문) 전주지방법원 2017.05.01 2017고단196

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant will establish a corporation's name and open an account in the name of the corporation, and lend the passbook and the check card to three million won at the face of the head of the bank.

“Around October 2016, “,” he heard the horses, and around 470, he issued Kwikset Co., Ltd.’s account (C) in the name of the national bank account in the name of the limited company B established by the Defendant at the Jeonjin-gu, Seoul Special Metropolitan City-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing the issuance of specified financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. Selection of imprisonment with prison labor chosen;

1. The act of arbitrarily transferring the medium of access to electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act is highly likely to infringe on the reliability of the safety performance of electronic financial transactions and cause secondary damage as used in the crime.

Since the fact that the defendant establishes a floating corporation for the purpose of receiving abnormal loans without the intention to establish and operate the corporation, it is very poor to transfer the electronic financial transaction access media connected to the account in the name of the corporation, there is a lot of need for strict punishment.

However, the defendant shall be punished by imprisonment with prison labor in consideration of favorable sentencing conditions, such as the fact that the defendant has no profit from the crime of this case, only one time prior to a fine, and is against the situation when committing the crime, but the execution of the sentence shall be suspended.