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(영문) 부산지방법원 서부지원 2018.03.28 2018고단279

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium for electronic financial transactions.

Nevertheless, the Defendant, at around September 6, 2017, engaged in job-seeking activities in Daejeon without a certain occupation or income after expulsion from the Gun. On November 2017, 2017, the Defendant sought an advertisement to invite “an amount of know-how that can receive money” through Facebook from “D” under the name of the distribution and sales organization of the International Telephone Finance Organization, etc., which is the cause of the distribution and sales organization for the first time. At around 19:00 on the same day, the Defendant consented to the above D’s opening a new financial account under the name of the corporation and initialization of passwords, which is guaranteed KRW 2.5 million, along with the proposal that “The amount of KRW 300-4 million per month is guaranteed.”

After that, the Defendant opened a bank name passbook at a financial institution using documents such as a certified copy of the registry of the old-age corporation received from D, and delivered it to D, and conspired in order with the members of the distribution division of the old-age bankbook, including D, to take charge of initializing the password of the bank name, or leasing a disguised office as if used by the old-age corporation.

Defendant 1, in accordance with the above conspiracys:

1. On January 30, 2018, at the office located in Daejeon Seo-gu E around 17:00, documents necessary for the change of the password of passbook in the name of the corporation, such as the registration certificate, power of attorney, articles of incorporation, etc., issued from D on April 3, 2017, such documents as the registration certificate, certificate of attorney, and certificate of incorporation, were issued, and the password, which is an access medium connected to the above F (G) account, was newly issued at the Busan bank near Busan Seo-gu, Busan, around 13:00 on January 31, 2018.