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(영문) 수원지방법원 성남지원 2021.01.21 2020고단3506

전자금융거래법위반

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Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. No person who intends to transfer or acquire any access medium in using or managing access medium used for electronic financial transactions;

Nevertheless, the Defendant listened to the statement that “When sending a corporate account, the Defendant would make a loan,” from a person under his name, and around March 2020, the Defendant transferred the passbook, deposit and withdrawal card, andOTP card to a person under his name, in the vicinity of 550 military units, as Seoul Special Metropolitan City Gwangjin-gu, and in the vicinity of 550 military units, the passbook, deposit and withdrawal card, and the bank account (E) in the name of a limited company C, the Defendant as a director.

2. No defendant B shall transfer or take over any access medium to any other person in using or managing access medium used in electronic financial transactions;

Nevertheless, the Defendant listened to the statement that “if you want to create and send a corporate account, the Defendant would give a loan,” and around April 2020, the Defendant transferred the passbook, physical card, etc. under the name of G bank account (H) in the name of the company F, a director of the Defendant in the vicinity of the Seoul Yongsan-gu Seoul Metropolitan Government, to the person under whose name the book was attached to the G bank account in the name of the company F, a director of the Defendant in the vicinity of the Seoul Metropolitan Government.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes governing J dialogues, website photographs, D bank replies, G bank replies, business registration certificates, and all matters registered;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act, and the Defendants’ choice of punishment for criminal facts: The Defendants shall be punished by a fine, respectively.

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, transferred the access media, such as the passbook of each corporation’s bank account and the deposit and withdrawal card, to the bearer.

The above-mentioned access media can be used for criminal acts, such as Bosing, etc. The access media of this case also used for fraud.