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(영문) 인천지방법원 부천지원 2019.06.20 2019고단1318
전자금융거래법위반
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2018, the Defendant: (a) received a proposal that “a company will engage in business and make transactions at the company, and will make loans after making a transaction statement for at least one year.” (b) registered a corporation under the name of the Defendant as a joint corporation; (c) opened a Cbank D account, C Bank E account, C BankF account, C BankF account, and C Bank G account in the name of the said corporation on June 19, 2018; and (d) around that time, sent the mergator’s name to each of the above accounts, including physical card, OTP, Internet banking ID, and password connected to each of the above accounts, through Kwikset service article.

Accordingly, the Defendant transferred 4 electronic financial transactions in the name of the Cbank bank account in a lump sum.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Defendant’s e-mail statement;

1. A H statement;

1. Investigation reports (detailed statement of account transactions to be submitted by suspects and detailed statement of account transactions to be deposited and withdrawn);

1. Application of Acts and subordinate statutes on financial transactions, inquiry and remittance confirmation;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is known to have not been used in genuine financial transactions, and the establishment of a corporation to obtain a loan and establish four accounts in the name of the corporation and the transfer of the means of access is limited to the extent that the authenticity and reliability of electronic financial transactions are harmed; the means of access transferred by the defendant is actually used in telecommunications-based financial fraud crimes; the damage occurred due to the actual use of the means of access by the defendant; the defendant cannot be deemed to have transferred the means of access in recognition of such circumstances; and the defendant

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