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(영문) 서울중앙지방법원 2020.08.28 2020고단5188
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on April 7, 2020 and the judgment became final and conclusive on May 28, 2020.

【Criminal Facts】

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

On May 2019, the Defendant: (a) received a proposal from a person in unsound name to establish an account under the name of the juristic person and to open and deliver the account; (b) completed the registration for incorporation of a juristic person and the registration for business of a limited liability company C in the name of the principal office in the Hahbuk-si, Chungcheongnam-si; (c) opened a D account in the name of the limited liability company C in the name of the limited liability company in the Hahbuk-si, Hahbuk-si, and around that time, delivered an authorized certificate, OTP card, etc. connected to the said D through Kwikset-si, prior to the Suwon bus terminal located in front of the Suwon-si, Suwon-si, Hahwon-si, which was located in the same month.

As a result, the Defendant promised to use and manage the means of access and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of F, G, H, I, and J;

1. A complaint;

1. K’s petition;

1. Each statement of transfer;

1. Details of conversation with Kakaoo;

1. Certificates of deposit transactions;

1. Certificates of deposit;

1. A written confirmation of the results of electronic financial transfer;

1. E-mail transmission services:

1. Details of transactions by reception period;

1. Report on internal investigation (registration of search and inspection warrant-D) - Application for deposit transaction (limited company C), confirmation of purpose of financial transaction (limited company C), application for D corporate banking service (limited company C), certificate of personal seal impression (limited company C), application for registration of incorporation of limited company (limited company C), business registration certificate (limited company C), details of entry and withdrawal (limited company C);

1. An investigation report (a warrant of seizure, search and inspection) -.

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