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(영문) 인천지방법원 2017.09.20 2017고단3365
전자금융거래법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, on December 2016, 2016, issued an access medium connected to the account under the name of the legal entity and offered 10-150,000 won per account per page from “C” to “C” for the solicitation of passbooks.

The proposal received and accepted the proposal to that effect.

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

Around December 15, 2016, the Defendant conspireds as above, opened two bank accounts with the name of “D” (E, F, etc.) at the branch of Korea bank branch in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 2.18, and transferred passbooks, check cards, opt cards, and passwords, which are access media connected to the above account, to the “C” book for the solicitation of passbooks.

Accordingly, from around that time to March 17, 2017, the Defendant transferred a medium of access to electronic financial transactions to “C” through 43 times in total, such as a copy of the daily list of crimes attached to the attached Table 1 (excluding No. 14, 24, 32, 33, and 34 once a month).

2. On December 15, 2016, the Defendant: (a) conspired in collusion with the Defendant to open an account in the name of C (E, F) in the name of C; (b) filed an application for electronic commerce business, golf equipment, etc. with D Company by submitting the Plaintiff’s business registration certificate, registration certificate, and seal impression certificate; and (c) filed an application for opening an account in the name of C; and (d) recorded false answers in the form of “written confirmation of financial transaction purpose”; and (c) interfere with the opening of an account at the branch of C&C in Korea by fraudulent means.

Accordingly, the Defendant, in collusion with the “C” book for the solicitation of passbooks, is as follows: (a) the period from around that time to March 17, 2017, is as shown in the attached Table 1 (except from No. 14, 24, 32, 33, and 34 at a net time).

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