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(영문) 수원지방법원 2019.01.11 2018고단6049
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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

No person shall transfer any means of access in the use and management thereof.

Nevertheless, the Defendant:

1. Around December 21, 2017, a head of a Tong, cash card, andOTP card connected to (E) bank accounts in the name of (E) D in the vicinity of the Seocho-gu Seoul Metropolitan Government C Bank, shall be issued to the person in poor name via a door-to-door engineer;

2. Around January 29, 2018, the head of the Tong, cash card, andOTP card connected to the account (J) in the name of the G Bank in the name of the State in the name of the State (J) prior to the H branch of the G Bank located in the G Bank located in Masung City, shall be issued to the party in default of his/her name through

3. On March 2, 2018, around the K Branch of the G Bank in Seocho-gu Seoul Metropolitan Government, the head of the Tong, cash card, and OTP card connected to the G Bank account (L) in the name of the G Bank (L) in the name of the party who was not the party who was not the party who was the party to the name.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. A copy of police interrogation protocol of M;

1. Statement of the N in the police station;

1. Each investigation report (execution of a warrant of seizure of a Cbank, opening of an account or opening of an account);

1. Application for new transactions, each business registration certificate, reply to a request for financial transaction information, inquiry into customer personal information, each application for transaction, details of transaction, official receipt, details of entry and departure transactions, and application of Acts and subordinate statutes to inquire about customer personal information;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act listens to the speech that the reason for sentencing is to arrange a loan in a very doubtful manner from a fraud whose identity is not verified, and establishes a false legal entity according to its instruction, and connects the financial account by opening a number of financial accounts in the name of the legal entity.

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