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(영문) 인천지방법원부천지원 2020.11.17 2020고단3371
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may transfer or acquire a means of access necessary for electronic financial transactions or set a pledge thereon unless otherwise provided for in other Acts.

Nevertheless, around October 2019, the Defendant received a proposal from the explanation partner that “if he establishes an account under the name of a juristic person after establishing a juristic person, and send the passbook, etc., he would have the transaction results created and get loans by raising credit rating.” On November 12, 2019, the Defendant established the Seoul Central District Court’s registry “B” corporation in the Seoul Seocho-gu Seoul District Court’s registry office located in 14-ro 3-ro 14, Seoul, and opened the D Bank Digital Complex in the name of the Corporation B (E) at the branch office of D Bank Digital Complex in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. On November 19, 2019, the Defendant sent the passbook, cash card, OTP card, etc. in the above bank near the above bank through Kwikset service articles.

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

Summary of Evidence

1. The defendant's statement of the police officer's interrogation protocol F on the defendant's legal statement (including the photo of the cellphone, the business registration certificate, the deposit sheet, and the statement of entry and departure transaction) - F's statement of the police officer's statement on the defendant's interrogation protocol F - the statement requesting cooperation in investigation (request for information related to the place of business, G B maintenance and management), - The statement requesting the provision of financial transaction information in the form of request for the registration of each illegal account reply data (D bank, the credit rating company B, the representative A) and the statement requesting the suspension of entry and departure (1) - The statement requesting the provision of financial transaction information in the form of bank account response data (2) - the financial account response data (K Bank, the LB branch, the branch of the corporation, and the M) - the statement of request for the provision of financial transaction information (3) - the statement of request for communication information (the victim's telephone, Q, the suspect examination statement, the statement of opinions related to the name of the account holder, the suspect's statement.

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