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(영문) 인천지방법원 2018.01.11 2017고단7966

전자금융거래법위반등

Text

[Defendant A] From among crimes No. 1 of the judgment of Defendant A, one year of imprisonment with prison labor for the sequence No. 1 to 16 of the annexed crimes list.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of the National Sports Promotion Act (Gambling, etc.) at the Incheon District Court on August 26, 2016, and the said judgment became final and conclusive on September 3, 2016.

[Criminal facts]

1. Defendant A

A. On February 2016, the Defendant who interfered with the business will offer a loan to the Defendant by opening a bank account in the name of a legal entity and opening an access medium connected to the account from a bank’s book for solicitation of passbook circulation in the name of the Defendant.

“In receipt of a proposal to the purport, the company bank located in Incheon around February 11, 2016 applied for the opening of the account (State)G’s account at the company bank located in Incheon around February 201, and the fact is that (State)G is a old corporation established in the form of a public-purpose passbook to create a public-purpose passbook, and the Defendant was thought to have been used for a crime by opening an account in the name of the said corporation and transferring it to another person. However, while operating the said corporation normally as if it was used for normal financial transaction purposes in relation to the operation of the corporation, the company issued a business registration certificate, certificate of corporate seal impression, etc., and issued the said account application document to the employee in charge, and then received an access medium, such as the passbook, cash card, etc. connected with the said account.

In addition, from around that time to January 5, 2017, the Defendant interfered with the opening of the accounts of the victimized bank by deceptive means for the total 18 accounts, as described in the Schedule of Crimes (A) by the aforesaid means.

B. On February 11, 2016, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) sent a passbook, physical card, etc., which is an access medium connected to the bank account in the name of the company bank (H) established as set forth in paragraph (a), to the name-oriented person via Kwikset Service.

In addition, from around that time to January 5, 2017, the Defendant transferred a total of 18 approaching media as shown in the List of Offenses (A) by the same method as above.

2. Defendant B A.