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(영문) 인천지방법원 2021.01.14 2020고단7312
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium in using or managing any access medium;

Nevertheless, the Defendant would, on May 2019, offer 2.5 million won per account at the time of opening an account by establishing a business operator and transferring a passbook, etc. from a person without his/her name (hereinafter “B”).

“In receipt of the proposal, the corporation was established under the name of the Defendant, and the Defendant opened an account in the name of six corporations, such as limited companies C, etc. with which the Defendant is the representative, and then transferred the same to the name influence.

On June 3, 2019, the Defendant opened a corporate bank account in the name of a limited company C (D) and transferred a passbook, check card, OTP card, etc. connected to the above account in the vicinity of the Dong branch of an enterprise bank located in the Nam-gu Incheon Metropolitan City, by delivering it to the influence and transferring it to the influence. From that time until December 24, 2019, the Defendant transferred the access media, such as the head of Tong-gu and OTP card connected to the total 18 accounts, such as the influence sheet 1.

2. On December 30, 2019, the Defendant was investigated by the Military Police Station in Gyeonggi-do and became aware of the fact that the account transferred as above was used for gambling. However, even if the Defendant was aware of the fact that the account was used for gambling, the Defendant would give rise to KRW 300,000 per 6 million for the transfer of the proceeds of gambling from the above-mentioned name wounded (hereinafter “B”).

“Around January 3, 2020, at the office of the business bank in the city of Singu, an enterprise bank, withdrawal of KRW 600,000 from the gambling revenue deposited in the company bank account (E) in the name of the Defendant at the office of Singu, Singu, Singu, and delivery of it to the name influence, as shown in attached Table 2, as shown in attached Table 2, from around that time to March 24, 2020, a sum of KRW 126,00 won was withdrawn and delivered to the name influences, thereby facilitating the crime of gambling of the name influences.

Summary of Evidence

1. The statement F of the defendant's legal statement is requested to cooperate in investigation.

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