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(영문) 서울중앙지방법원 2020.11.25 2020고단4240

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, anyone shall be prohibited from transferring or acquiring the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, on May 2, 2019, the Defendant issued a proposal that “I will pay for the opening of a corporate name account” from a person in distress (title B) and opened a bank account under the name of the E (F) at the Gangwon Innovation City Branch of the D Bank located in the Gangwon-si Seoul Metropolitan Government, and on the same day, transferred the passbook, cash card, OTP card, etc. connected to the above account after receiving KRW 150,00 from the person in distress at the location of the disease control in the Seoul Urban Site, Seoul Metropolitan Area.

In using and managing the means of access, no one shall transfer or acquire the means of access unless otherwise specifically provided for in any other Act.

On April 3, 2019, the Defendant opened an account under the name of “stock company E” in the capacity of an agent at the G Bank HF Center. On April 3, 2019, around April 3, 2019, the Defendant received and delivered a e-mail card, Internet bankingOTP, and password connected to the said corporation’s account at least KRW 1.50,000,000 to the bearers, and transferred the means of access used for electronic financial transactions.

In using and managing the means of access, anyone shall be prohibited from transferring or acquiring the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, on December 21, 2018, issued a proposal to “to open a passbook and to offer KRW 100,000,000,000,” and opened the G bank account at the new branch of the G bank located in Mapo-gu Seoul Metropolitan Government, and transferred the means of access by means of dryinging, around 17:00 on the same day, the head of the Tong, password, physical card, and OTP connected to the above account to the person who was absent from his/her name before the opening of the new branch of the G bank located in Mapo-gu Seoul Metropolitan Government.