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(영문) 의정부지방법원 고양지원 2019.07.12 2019고정344

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, in using and managing any electronic card or any means of access that is an electronic information equivalent thereto in electronic financial transactions, transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, on June 9, 2018, opened a corporate bank account in the name of the corporation and opened an account in the name of the corporation and opened a credit rating after raising the credit rating by securing the results of the transactions of entering and leaving the account. On July 10, 2018, the Defendant: (a) opened a corporate bank account in the name of the corporation B in the name of the corporation; and (b) delivered the said account; (c) continuously opened an agricultural bank account in the name of the corporation B in the name of the corporation; and (d) delivered the check card (including a password) and an OTP card to the account in the name of the corporation, and continuously delivered the above account to the account in the name of the corporation B (E and F) on July 10, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the details of each financial transaction and the certificate of deposit;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;