beta
(영문) 인천지방법원 2021.01.07 2020고단7316

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On July 22, 2020, the Defendant was sentenced to a suspended sentence of two years on July 30, 202 by imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Incheon District Court, and the judgment became final and conclusive on July 30, 2020.

[Criminal facts] The Defendant is a person who is working for a middle and high sea with a heavy endur in the Seo-gu Incheon Metropolitan City trading complex.

On March 2019, the Defendant is allowed to lend a person with no credit rating from his/her name, while he/she was aware of a loan through the Internet.

If a corporation transfers its account by making a corporation's account, it will make a false transaction performance and make a loan.

Upon receipt of a proposal to the effect that “,” and accepted it, at that time, establishing a limited liability company C and a limited liability company D.

On May 9, 2019, the Defendant continuously sent a name-oriented account, passbook, check, and OTP card, etc., each connected to the account under the name of a limited company C (F), a limited company C (H), a G bank account under the name of a limited company C (H), and a limited company D (J).

In addition, the Defendant sent e-mail cards, OTP cards, etc., which are linked to 7 accounts in the name of the said corporations, through the same three times in total, as indicated in the list of crimes, from October 15, 2019, to the names of those corporations.

As a result, the defendant agreed to pay intangible prices, which are expected profits to receive future loans, and opened the access media for each side.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement K of the police statement statement statement (verification of details of the establishment of a corporation under the name of the suspect) investigation report;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on criminal facts

1. Selection of imprisonment with prison labor for each type of punishment under Articles 40 and 50 of the Criminal Act (to each type of accessible medium on the same date and time)

1. To treat concurrent crimes;