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(영문) 수원지방법원 안산지원 2018.12.28 2018고단2835

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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 one shall issue a transaction instruction in electronic financial transactions or transfer any access medium to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on June 19, 2017, the Defendant accepted the proposal to the effect that “A corporation shall be incorporated and a number of million won per account shall be made available for the loan of 1 million won per account after opening a number of accounts in the name of the corporation,” and the above B establishes a company that is C and D, the representative of which is the Defendant by putting his seal imprint, a certificate of seal imprint, etc. in the name of the Defendant, etc., at the distribution tax office on June 19, 2017. Upon receiving the registration of business operator for D at the distribution tax office on June 26, 2017, the Defendant was registered as business operator for C at the mid-gu tax office around the same month.

On July 3, 2017, the Defendant continued to set up two accounts in the middle-gu Seoul Metropolitan Government E at the F Bank Oral Branch of the F Bank, and opened two accounts in the name of the said corporation C at the F Bank Oral Branch of the F Bank, and opened one account in the name of the corporation D at the J bank Oral Branch of Seocho-gu Seoul, Seocho-gu, Seoul. On the same day, the Defendant sent the USB to the address designated by B, which is linked to the said accounts at the Yacheon-dong post office, Gangdong-gu, Seoul, for the first half of the same month.

Accordingly, the defendant transferred access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes to investigation reports (reports attached to the indictment, etc. for the relevant accomplice M);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. The choice of an alternative imprisonment with prison labor (the establishment of a corporation for the instant crime, the establishment of a bank account in its name, and the establishment of a bank account in its name, and the use as a means of committing phishing fraud;