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(영문) 인천지방법원 부천지원 2017.01.05 2016고단3080

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

On April 22, 2016, the Defendant was issued a summary order of KRW 3 million as a result of a violation of the Electronic Financial Transactions Act in the Incheon District Court’s Vice-Support on April 22, 2016, and was sentenced to a suspended sentence of KRW 6 months on November 10, 2016 for the same crime from the same support, and the Defendant was sentenced to a suspended sentence of KRW 3 million on November 18, 2016.

No person shall transfer or acquire any access medium used in electronic financial transactions.

Nevertheless, on June 2015, the Defendant established a company from a person who was aware of the name of "D" in the name of "D" on the following day, and opened an account, and received a proposal from the head of the Tong, the check card, and the official seal certificate, etc. to offer KRW 500,000 per each account, and received a proposal to respond to the proposal.

On June 23, 2015, the Defendant established a limited company E and registered as business operator on June 25, 2015. On June 25, 2015, the Defendant opened an account (F) in the name of the company E in the name of a limited company at the location of the Nonghyup Bank located in the Jung-gu, Jung-gu, Seoul, Jung-gu, Seoul. On the same day, the Defendant sent passbook, cash card, official certificate, and password connected to the said account to the said account on the roads adjacent to the new, Jung-gu, Seocheon-gu, Seocheon-gu, Seoul.

In addition, from around that time to December 9, 2015, the Defendant used Kwikset services with passbook E, a cash card, an official certificate, and a password connected to 20 accounts opened in the name of the limited company E, limited company G, and limited company H, 11 times in total, as shown in the list of crimes attached to the annexed crime list.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the date of establishment of a company under suspect's name, and the date of registration of business operators);

1. Details of opening each petition, each application for opening each account, and each account;

1. A previous conviction: A written inquiry, summary order, and application of the text of the judgment;

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