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(영문) 인천지방법원 2017.08.24 2017고단5221
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, around October 2016, opened an access medium connected to the account in the name of the bank or securities company and opened an account in the name of the corporation from the “C” book for soliciting the passbook through a public offering around 2016.

The proposal received and accepted the proposal to that effect.

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium used for electronic financial transactions unless otherwise specifically provided for in any other Act in using or managing any access medium;

Around October 19, 2016, the Defendant conspireds as above, opened two (E, F) one bank account in the name of “D” corporation at the digital complex branch in the digital complex in the Guro-gu Seoul, Guro-gu, Seoul Metropolitan City digital complex branch, and transferred passbook, cash card, OPT card, password, etc., connected to the above account to “C” as the access media.

As a result, the Defendant, in collusion with [C] and [one another]’s “H”, transferred the medium of access to electronic financial transactions to a criminal organization that provides a total of 34 times from around that time to January 16, 2017, such as “ Bosping” and “illegal sports discussions,” as indicated in the attached list of crimes.

2. On October 19, 2016, the Defendant: (a) conspired in collusion with the Defendant to set up an account in the name of (E) D (E), and filed an application for opening an account in the name of (E), in the process of filing a false answer to the “written confirmation for the purpose of financial transactions; and (b) interfered with the opening of an account in the digital complex by means of a fraudulent means, such as making a false statement in the “written confirmation for the purpose of financial transactions,” and making it possible for the Defendant to submit (State) D’s business registration certificate, entire certificate of registered matters, and certificate of personal seal impression; and (c) establishing the D company.

As a result, the Defendant conspired with “C” and “W” (one name “H”) to open an account by the above means, and thereby, from around that time to January 16, 2017.

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