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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1614

전자금융거래법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any access medium of electronic financial transactions.

The defendant had opened an account in the name of a juristic person from a person with no name, and received a proposal to receive a loan under the name of the juristic person on the face of a real estate with a physical card and password connected with it.

1. On May 24, 2016, the Defendant opened a bank account (Account Number: C) under the name of the company with limited liability and opened a password designated by the person with no name. On May 24, 2016, the Defendant opened a physical card connected to the said account to the person who sent the name to the person who sent the name in the vicinity of the digital single area located in the Geumcheon-gu Seoul Metropolitan Government.

Accordingly, the Defendant transferred the electronic financial transaction access media.

2. On June 1, 2016, the Defendant opened a SC Japan bank account (Account Number: D) in the name of a limited company B, and opened a personal identification number designated by the non-person in charge of his/her name, and opened a physical card connected to the said account to the person who sent the non-person in charge of his/her name at the location near the above digital single area.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation reports (verification of gambling account), replies to requests for financial information, copies of an application for transaction, business registration certificates, and copies of certificates of seal imprint, copies of certificates of purpose of financial transaction, copies of certificates of purpose of financial transaction, account information, certificates

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of a fine for the crime, and Article 6 (3) 1 of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Transfer of a medium that approaches the reasons for sentencing of Article 334(1) of the Criminal Procedure Act to the order of provisional payment is various kinds of acts such as tax evasion, Internet gambling, and voiceing.