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(영문) 서울북부지방법원 2017.12.13 2017고단4499

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On October 6, 2016, the Defendant was sentenced to a suspended sentence of two years for ten months due to a special assault, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on October 14, 2016.

[Criminal facts]

1. On February 2016, the Defendant in violation of the Electronic Financial Transactions Act relating to an account under the name of limited liability company B (hereinafter “Electronic Financial Transactions Act”) from C (the suspension of indictment on the same day) around February 2016 to “a corporation is trying to operate a mobile phone sales business,” and cannot create a corporation as a tax issue, and KRW 90,000,000,000,000,000,00

“The proposal received and accepted the proposal.”

On February 22, 2016, the Defendant visited C with a limited liability company, and requested the establishment registration of a limited liability company, at the office of a certified judicial scrivener in the vicinity of the Gangwon-do District Court's original branch of the Gangwon-do District Court's original branch. The employees of the certified judicial scrivener office in non-name filed an application for the registration of incorporation of the limited liability company B with the Chuncheon District Court's original branch of the Gangwon District Court's original branch of the Seoul District Court's original branch of the Seoul District Court on February 23, 2016. On February 26, 2016, the Defendant filed an application for the registration of incorporation of the limited liability company B with the establishment, etc. at the original branch of the 2325 North Korea's original branch of the Gangwon District Court's original branch of the Gangwon District Court's original branch of the Seoul District Court.

A. On March 2, 2016, the Defendant: (a) opened a SC Bank account in the name of the company B (D) with limited liability, which completed the business registration, at the branch of the SC Bank in Sejong-si, Gangwon-do; and (b) opened a passbook, C card, and OTP device connected to the above account within the vehicle of C parked in front of the bank immediately.

Accordingly, the Defendant transferred the electronic financial transaction access media.

B. On March 2, 2016, the Defendant established a new bank account (E) in the name of a limited company B (E) company that had completed business registration at the location of a new bank located in the city of Won-si, Gangwon-do, and immediately connected to the said account within C’s vehicle parked in front of the bank.