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(영문) 수원지방법원 평택지원 2017.10.12 2017고단1044

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

On June 17, 2014, the Defendant received a proposal from a person without his/her name, stating that he/she will offer money if he/she issues a passbook, and consented to the proposal, and established a limited company B around the 17th day of the same month, and raised an mind to transfer the passbook, etc. established in the name of the limited company to the above person with no name.

1. On June 2014, the Defendant rendered Kwikset services using a new bank account (Account Number C), standd-off account (Account Number D), passbook connected to the foreign exchange bank account (Account Number E), check-line, etc., which was opened in the name of a limited company B at no more than Geum-dong, Hakset-si.

2. On July 2014, the Defendant: (a) used Kwikset’s service that was linked to the national bank account (Account Number F) opened in the name of a limited company B in the vicinity of the former North Korean territory; and (b) the passbook, physical card, etc. connected to the former North Korean bank account (Account Number G) and issued to the above bearer.

3. On July 2014, 2014, the Defendant used Kwikset’s account (Account No.H) and passbook, physical card, etc. connected to the Kwikset’s account (Account No.H), which was established in the name of a limited company B at the same place as that of the Hanman B, and issued it to the above party in distress.

In this respect, the Defendant transferred 7 media access to 7 accounts to a name-free person three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Applications for issuance of deposits, business registration certificates, and certificates of seal imprint;

1. Application of Acts and subordinate statutes to inquire about records of exceptions to the account, suspension of deposits by the principal of the relevant large-scale passbook, written request for accident report, customer contact information, each accident report, and details of accident report;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for Facts constituting an offense (or choice of imprisonment);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows, and the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.