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(영문) 대구지방법원 2016.11.18 2016고단4410

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer the means of access used in electronic financial transactions.

Nevertheless, around September 2014, the Defendant, upon receiving a request from B to “to create a corporation with low credit if it is difficult to obtain a house loan, and to create a passbook under the name of the corporation, and to raise the credit on the face of the passbook.” In mind, the Defendant opened a corporation under the name of the Defendant and received a request to transfer the account under the name of the corporation.

On September 2014, the Defendant: (a) opened a bank account (Account Number: D) and a national bank account (Account Number: E) in the name of the said corporation in the name of the said corporation at a bank located in the Ydong-dong, Daegu-gu, Suwon-gu, Daegu-gu, where the Defendant was registered as the representative director; and (b) opened an Internet banking generation date, an authorized certificate, and a password for each of the above accounts to B in the Kaf near Daegu-gu, Daegu-gu, Daegu-dong, Dong-gu, dong, Daegu-gu.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions to two financial accounts.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of F in the protocol of suspect examination by the prosecution;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each Act or subordinate statute, such as investigation reports (Attachment of judgments on accomplicess at gambling sites), three copies of judgments, internal investigation reports (registration of corporations and arrangement of related persons), registration matters of corporations, etc.;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (each point of transfer of means of access) concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) was that the Defendant opened two savings accounts in the name of a legal entity and transferred them to B, and the said savings account was used on the illegal sports gambling site. However, the Defendant’s request was made by B.