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(영문) 수원지방법원 안양지원 2019.07.23 2018고단1969
전자금융거래법위반
Text

Defendant

B A person shall be punished by imprisonment for not more than four months.

However, for one year from the date this judgment became final and conclusive, the above sentence against Defendant B.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2019, Defendant A was sentenced to a suspended sentence of two years on June 23, 2019, due to the crime of false entry into public electromagnetic records, etc. in the Gwangju District Court’s net support, and the said judgment was finalized on May 23, 2019.

【Criminal Facts】

1. Defendant A (1) around September 1, 2017, sent a passbook, etc. connected to the E-bank account (F) in the name of Kwikset Co., Ltd. (hereinafter “D”) in front of the Kwikset City Co., Ltd. (hereinafter “D”), using Kwikset’s service, to the person under whose name the passbook was named

9.4.Before the same date, the passbook, etc. connected to the G organization accounts (H) in the same manner shall be sent to the person under whose name the passbook, etc. is named in the same manner, and (3).

9.5.Around the same date, at the same place, the head of the Tong, etc. connected to D’s account in the same manner and sent the means of access to electronic financial transactions four times by means of sending the passbook, etc. connected to D’s G organization account at the same place around November 27 of the same year, and (4) by means of sending the passbook, etc. connected to D’s G organization account at the same place in the same manner.

2. Around July 20, 2017, Defendant B issued a passbook, etc. connected to the E bank account in the name of the E Bank in the name of the E Bank (N) to the bearer bank account in the name of the E Bank, and transferred the means of access in electronic financial transactions.

Summary of Evidence

1. Defendants’ legal statement

1. Application form for opening of an account, E bank correspondence data ( customer personal information, business registration certificate, certified transcript of register, identification card), business registration certificate, and detailed statement of deposit transaction in the credit rating company;

1. Previous convictions in judgment: Case summary agreement meetings, assistants, and application of court rulings and statutes;

1. Relevant provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of the suspended execution: The violation of Article 62(1) of the Criminal Act and the first violation.

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