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(영문) 서울동부지방법원 2018.06.15 2018고단442

전자금융거래법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. Defendant A

A. On June 2015, the Defendant: (a) received a proposal from an influencing person that he/she would give KRW 1 million per account; and (b) received two accounts from an enterprise bank account (D and E) in the name of the bank in the name of the bank in the name of the bank in the name of the bank in the name of the bank; (c) received KRW 2 million from an influcing person near the Defendant’s residence in Songpa-gu F; and (d) received 2 million won from an influcing person; and (e) received the above account’s check andopt

Accordingly, the defendant transferred the access media to another person.

B. On May 2016, the Defendant: (a) received a proposal from a person without a name, who wants to give KRW 1 million per account on a face-to-face account; and (b) received KRW 1 million from a person with a name in the vicinity of G high school located in Songpa-gu, Songpa-gu; and (c) sent a physical check card and anopt card in the name of the SC bank account (H) in the name of the KC bank account in the name of the KC bank bank bank account in the G high school located in Songpa-gu.

Accordingly, the defendant transferred the access media to another person.

2. On January 2016, the Defendant offered a proposal that he/she would lend 500,000 won per account when he/she borrowed an account from a person who was in the name of the end of the month, and that he/she would make 300,000 won per account with a monthly user fee separate from this, and in response, he/she provided his/her name in Jung-gu Seoul Metropolitan Government, Samsung Securities Account (J) and Hyundai Securities Account (K) with an entry and withdrawal card, and provided a password.

Accordingly, the defendant received compensation and lent the approaching media to others.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statements on the preparation of L;

1. Investigation reports (execution results of a warrant of search and seizure), investigation reports (Submission of a copy of a bankbook A), investigation reports (verification of personal information), investigation reports (Attachment of a written statement, etc.), investigation reports (Attachment of a document, etc.), investigation reports (Attachment of a document, etc. of account under B and a statement of account transactions) and investigation reports (information on account analysis);

1. Application of Acts and subordinate statutes on warrant of seizure and reply;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Articles 49(4)1 and 6(3)1(b) of each Electronic Financial Transaction Act.