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(영문) 인천지방법원 부천지원 2017.06.23 2017고단1087
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. No person who intends to issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, around May 2015, the Defendant: (a) heard the horses that “I will create 11 corporate head head of a Tong; (b) would make the Defendant as the representative director; and (c) opened the national bank account in the name of the above corporation (E) around October 6, 2015; and (d) transferred the above passbook, physical card, total generation machine, and password to C before the branch office located in the territory of the National Bank, etc., the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 3, as well as the transfer of the above passbook, physical card, otp generation machine, and password to C from around October 8, 2015 to around October 2015.

2. On October 12, 2015, the Defendant: (a) received a proposal from C, which he/she became aware of in the course of the introduction of Ma-dong A in the vicinity of the Seoul Alternative Bank; and (b) transferred the passbook, physical card, total sump, and password to six of the accounts in the name of F Co., Ltd., Ltd., as described in attached Table 2, to the following: (c) established the National Bank Account (G) around October 21, 2015 after opening the Defendant’s representative director; and (d) transferred the passbook, physical card, total sump, and password to C in the vicinity of the additional branch of the Guro-gu Seoul Metropolitan Government Enterprise Bank; and (e) transferred the access media to six of the accounts in the name of F Co., Ltd., Ltd., as indicated in the list of crimes (2).

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol concerning the examination of suspect of the police to C or H (a copy of the protocol);

1. A copy of the police statement (a copy) made to I;

1. Application of Acts and subordinate statutes to each application for opening an account;

1. Article 49(4)1 and Article 6 of the Act on the Electronic Financial Transactions and the Selection of Punishment (the Defendants) on criminal facts.

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