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(영문) 인천지방법원 부천지원 2015.04.03 2014고단1712
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[2014 Highest 1712] No person shall transfer or acquire the means of access to electronic financial transactions.

On November 2012, 2012, the Defendant was asked to offer daily allowances of 100,000 won per week with a cash card issued after opening a passbook in the name of the corporation by the representative of the corporation. On January 16, 2013, the Defendant opened a national bank account (C) in the name of the company B at the point of lock-gu Seoul Ho-dong 209-6, Songpa-gu, Seoul, the Defendant opened the bank account in the name of the company B by the said method, and issued the cash card connected to the said account and sent it to the above person immediately.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

[2014 Highest 3297] The Defendant: (a) visited a company’s agent who is unrelated to himself/herself and opened an account while possessing documents necessary for the establishment of a certain company’s account, such as the business registration certificate, a certified copy of the register, a certificate of personal seal impression, etc. prepared in advance by the bearers of his/her name (hereinafter “D”); and (b) obtained cash cards, which are means of access under the Electronic Financial Transactions Act, an connected passbook and the electronic financial transaction act, and intended to deliver them to the bearers.

Where a bank opens an account in the name of a corporation, if it is found that the certificate of employment or power of attorney of the applicant for opening the account is false, it shall not be allowed to open the account of the relevant corporation, and if it is found that the certificate of employment or power of attorney is false later, the right of attorney of the applicant for opening the account and documents proving such status are important documents, such as suspension of transaction in the relevant account. In addition, if the relevant account is used for a crime such as Bophishing, etc., the bank shall be liable to compensate for damage pursuant to the Electronic Financial Transactions Act depending on negligence or negligence. Thus, the relevant

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