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(영문) 전주지방법원 2017.10.27 2017고단1316

전자금융거래법위반등

Text

Defendants shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] On September 29, 2016, Defendant B was sentenced to a suspended sentence of two years on October 7, 2016 by the Jeonju District Court for the violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on October 7, 2016.

[Criminal facts]

1. Defendant A

(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium in return for receiving, demanding or promising the payment of the price in return for using or managing the access medium;

On June 2014, the Defendant listens to the speech that “In order to exchange, the domestic bank account is required, if lent, to KRW 500,000 per month per head of Tong,” from E residing in the Philippines, and set the date and time of the crime on the basis of the statement and financial transaction record made by Defendant A to investigation agencies around June 2014 and around March 2016.

In order to send the OTPP (Security Card) which is an access medium connected to one's own financial account (FF of the National Bank and Nonghyup Account G) in F of the F of the National Bank, and in return, leased the access medium to E by receiving 28,04,000 won from E.

B. The Defendant: (a) provided aid and assistance in violation of the Foreign Exchange Transactions Act, despite being aware of the conduct of unregistered foreign exchange business in the Philippines, lent access media connected to the financial account to E for the purpose of “one-time exchange” in the name of “one-time foreign exchange business”; and (b) facilitate the E’s free foreign exchange business.

2. Defendant B

(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium in return for receiving, demanding or promising the payment of the price in return for using or managing the access medium;

around November 28, 2014, the Defendant heard from E that “a domestic bank account needs to be exchanged, if lent, KRW 500,000 per month of a passbook.” From November 28, 2014 to January 6, 2016, the Defendant’s financial account in his/her name [a post office H and a corporate bank I, around June 26, 2015, around March 15, 2015].