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(영문) 부산지방법원 2019.06.12 2018고단2994

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A on December 23, 2014, who was sentenced to two years by the Daegu District Court for violating the Electronic Financial Transactions Act, etc., and the execution of the sentence was terminated in the Daegu Prison on September 15, 2016.

Defendant

A is a representative director under the name of “A” and Defendant B is a person who actually operates “A” of a limited liability company.

In using and managing a means of access, no one shall lend the means of access, or keep, deliver or distribute the means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

1. A around December 2016, Defendant A proposed to pay KRW 2 million each month when opening a corporation and a corporation account from B. On April 2017, Defendant A opened a post office account in the name of “A” registered as a representative director, at the post office in the name of “A” in the name of the Defendant’s representative director, and delivered the said corporate account, check card, etc. to B via the post office home page.

Accordingly, the Defendant promised to pay 2 million won per month the post office account and physical card in the name of the means of access, "C", which is a means of access.

2. On April 2017, Defendant B received the post office account (Account Number: D), physical card, etc. in the name of “A” from the Defendant’s office located in Busan High-gu, Busan High-gu.

Accordingly, the Defendant promised to pay 2 million won per month the post office account and physical card in the name of “A” as a means of access, which is a means of access.

Summary of Evidence

1. Defendant B’s legal statement

1. A or B suspect examination protocol of the police officer;

1. Previous convictions indicated in judgment: References to criminal records and criminal investigation reports (verification of whether a repeated crime against A is committed against a suspect) shall be applied by statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Punishment;