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(영문) 서울동부지방법원 2018.05.10 2018고단681

전자금융거래법위반

Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, this judgment is delivered to the Defendants.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with prison labor for not more than four months and the judgment on February 20, 2018 became final and conclusive on February 20, 2018 due to a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court.

[Criminal facts]

1. Defendant A established a corporation from D to transfer its access media in the name of the corporation, upon receipt of a proposal to grant KRW 300,000 per account per transfer, and established five accounts in the name of the said corporation.

No person shall transfer or acquire any access medium.

Nevertheless, from January 8, 2016 to January 10, 2016, the Defendant transferred to D electronic financial transaction access media, such as a cash card, password, and an OTP card, connected to each account, established in the name of a limited company E in front of the modern department store located in Gangdong-gu Seoul Metropolitan Government.

2. Defendant B established four accounts in the name of the said legal entity upon receipt of a proposal to provide KRW 300,000 per account at the time of transfer of access media in the name of the legal entity by establishing a legal entity from an indivistist person, and established a “limited company L (M)”.

No person shall transfer or acquire any access medium.

Nevertheless, on December 2015, the Defendant transferred the electronic financial transaction access media, such as the Agricultural Cooperatives (N), Korea Bank (O), New Cooperatives (P), and Corporate Bank (P), cash cards, passwords, and the OTP cards, which are linked to each account, to the non-defluences.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the protocol concerning suspect examination of D; and

1. Copy of the bankbook of the limited company E;

1. A criminal investigation report (in cases of attaching a copy of the books of account for transactions in the presidential passbook), internal investigation report (in cases of attaching a copy of the books of account in which matters concerning distribution of the presidential passbook are recorded);

1. Previous convictions: The results of inquiries, reports of the previous convictions of the disposition, the results of confirmation, and the rulings;