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(영문) 수원지방법원 2016.08.10 2016고단2305

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for 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

On August 2015, the defendant will pay 2 million won per month to a person who was infinite name in order to create a number of bankbooks in the name of the corporation by creating a number of passbooks in the name of the corporation.

With the proposal that the corporate establishment procedure will be within the country, the nameless person sent a resident registration certificate, a certificate of seal impression, a certified copy of resident registration, and a certificate of seal impression necessary for the incorporation of the corporate body to the nameless person through a rapid bus housing system at the Daejeon Complex Bus Terminal in Daejeon Dong-gu, Daejeon, Dong-gu.

Since then, the Defendant received a certified copy of the corporate registry of B Co., Ltd., a director of the Defendant from a person in unsound name, and opened a new account under the name of B Co., Ltd. at the Young Credit Cooperative, which was located in 1351 as the unit of the wife population around August 18, 2015, and transferred an access medium for electronic financial transactions, such as passbook, cash card,OTP security card, password, etc. connected to the said account to Kwikset through Kwikset’s service, and from August 17, 2015 to August 18 of the same month, 2015, the Defendant transferred 16 accounts under the name of B, such as the passbook, cash card, OTP security card, password, and other access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written petition, etc.;

1. Data on warrant replies, certificates of all registered matters, details of opening of accounts, and application of statutes on transaction details;

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. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of transferring the access media, such as the instant case, is committed against many and unspecified persons, such as scam and Internet goods fraud.