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(영문) 인천지방법원 2020.11.19 2020고정1861
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 1, 2019, the Defendant, upon receiving a proposal from an employee in charge of singinginging off the name of the firstman, proposed that “to create a transaction performance when acquiring a passbook,” and accepted the proposal, and thereafter, constituted a corporation (ju) by transferring documents, such as an identification card and a certificate of personal seal impression, to other organizations B and C.

On March 11, 2019, the Defendant continuously opened a bank account (G) in the name of the State in Incheon E, and transferred the means of access, such as passbooks, check cards, and OTP cards, connected to the said account, to C. On March 12, 2019, the Defendant opened a H bank account in the name of the same corporation at the H bank located in the Si of the State, and transferred the means of access, such as passbooks, check cards, and OTP cards, connected to the said account, to C. At that time, the Defendant transferred the means of access, such as passbooks, check cards, and check cards, connected to the JF account in the name of the Defendant.

As a result, the Defendant promised to pay intangible consideration, which is expected profit to receive future loans, and lent all three copies of the means of access.

Summary of Evidence

1. Defendant’s statutory statement L, C, B, and each protocol of suspect examination of prosecution (verification of the details of establishment of a subordinate corporation under the name of the suspect), seizure warrant 2019-5324 and reply letter, internal investigation report (2019-105), seizure warrant -H bank, seizure warrant 2019-19-8 and reply letter, investigation report (attached to documents related to the establishment of aD corporation), minutes of D corporation promoters’ meeting, application of the articles of incorporation of D corporation;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) concerning criminal facts and the selection of fines for each type of crime

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is to lend the means of electronic financial transactions, such as the instant crime.

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