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(영문) 부산지방법원 2021.01.18 2020고정1308

전자금융거래법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant had worked as a driving instructor at a “C” driving education enterprise operated by B.

At present, it is operating a wholesale and retail business.

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;

Nevertheless, on November 2018, the defendant transferred the Busan bank Cream Card with the password to B through the Dong apartment guard room in order to pay fees for the allocation of driving education students in Busan Dong-gu D apartment.

Accordingly, the Defendant transferred the above-mentioned access media.

2. Anyone who has not registered a driving school in violation of the Road Traffic Act shall be prohibited from conducting driving education for automobiles, etc. which is conducted outside of a driving school, etc. in return for payment, or by lending the name of a driving school, etc.;

Nevertheless, on January 3, 2019, the Defendant received from the above B as an intermediary for the students E, and received a total of KRW 15,570,000 from the 62 students until August 31, 2019, for the following reasons: (a) the Defendant provided driving education using his/her vehicle or vehicle for his/her students in the city of Busan, Busan, and received tuition fees of KRW 230,000 from the above E; and (b) the Defendant paid KRW 90,000 as intermediary fees to the above B; (c) provided driving education to all the students by August 31, 2019, and received a total of KRW 15,570,00 as tuition fees.

Accordingly, the Defendant did not register as a driving school, and provided driving education outside of a driving school, etc. in return for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a copy of the record, report on internal investigation (Attachment of photographed A Physical Card), photograph, and text of the judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (a point of transfer of access media) concerning facts constituting an offense and Article 49 (4) 1 of the same Act concerning selective punishment.