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(영문) 부산지방법원 2016.06.02 2016고단1850

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for two years.

4,269,210 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer, acquire, or pledge a passbook, cash, debit card, or a password, which is an access medium used in electronic financial transactions, if he/she has been issued to another person, unless any other special provision exists;

Nevertheless, the Defendant: (a) paid 50,000,000 or more won per account to domestic tourists in the Philippines for the purpose of selling an illegal gambling site operator's passbook; (b) transferred the passbook, its password, and its transfer password (OTP creation machine) in the name of F Co., Ltd., a U.S., a U.S., a U.S., a U.S., a U.S., established with the total book-to-be book-to-be (G) for the purpose of selling an illegal gambling site operator's passbook to the Republic of Korea; and (c) transferred the passbook, password, etc. by the above method of 10,000 or more won per account as shown in the attached crime list 1, 2012 to Oct. 1, 2012.

Accordingly, the Defendant acquired the access media necessary for electronic financial transactions.

2. Any person who intends to engage in foreign exchange business from among foreign exchange business shall prepare facilities necessary for foreign exchange and register in advance with the Minister of Finance and Economy.

Nevertheless, the defendant did not register with the competent authorities, but he possessed and managed by the defendant.

H In order to engage in the unregistered money exchange business using the bank account (I) in the name of the Republic of Korea.

A. The Defendant operating a money exchange business on April 28, 2014, who received KRW 12 million from the bank account under the name of J (K) in Korea to the bank account (I) in the name of J, and immediately receives a certain fee (1% of the amount of deposit) from the Defendant operating a money exchange business.