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(영문) 인천지방법원 2018.11.08 2018고단5353

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

Except as otherwise provided for in other Acts, no person shall transfer any access medium to the use and management of such medium.

Nevertheless, on August 2017, the Defendant established the “Company B” company in the name of the Defendant as the director of the Defendant under the proposal that “if the head of the Tong is a liquor company, and if the head of the Tong is required due to tax, it would be paid KRW 700,000 per head of the Tong,” from the person who was in secret name in front of the opening-gu, Bupyeong-gu, Incheon, the Bupyeong-gu, Incheon, 16 square, the Defendant transferred the above name to the person in secret, and received KRW 1,40,000 in return.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Details of a bank transfer certificate and deposit and withdrawal transactions;

1. An application for new transactions and a business registration certificate (with limited liability);

1. Application of Acts and subordinate statutes to requests for the provision of financial transaction information;

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

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act refers to the transfer of all accessible media by opening an account in the name of a corporation established by the defendant under the direction of the person without his name. Such crime not only disturbs the credibility of the safety performance of electronic financial transactions, but also disturbs the credibility of the safety performance of electronic financial transactions, such as the operation of illegal gambling sites, and has great social harm.

Since the Defendant committed the same kind of crime even around June 2017, which was prior to the instant crime, and acquired profits through the instant crime, there is a need for punishment corresponding to the Defendant’s liability.

However, there is no record of punishment exceeding the fine until now.