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(영문) 의정부지방법원고양지원 2020.08.27 2020고단555

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer any means of access, and in using and managing the means of access, no one shall distribute the means of access by accepting, demanding or promising any compensation.

around February 2, 2019, the Defendant received a proposal from a person who was aware of, and known to, the name “C” at the head office operated by the Defendant in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, and then transferred the means of access to electronic financial transactions by receiving KRW 50,000 won per account from the person who opened and transferred an account under the name of the juristic person.” On April 22, 2019, the Defendant, at the above head office, sent the passbook, physical card, etc. connected to the E (F) account in the name of the said company D, which was opened in accordance with the instructions of the person who was not entitled to the above name, to the said name, and received KRW 50,000 from the person who was not entitled to the said name and transferred the means of access to electronic financial transactions.

Around September 22, 2019, the Defendant received a proposal from the first floor of Yongsan-gu Seoul Metropolitan Government 1 to the effect that “C”, which was known to the Defendant as the main customer in the operation of the Defendant, would open a corporate name and offer a deposit account in the face of passbook, etc.,” and then, on September 23, 2019, the Defendant opened the first account in the name of J (K) at the IO H located in Yangcheon-gu Seoul Metropolitan Government H on the same day, and received KRW 50,000 from the said person in the name of J on the same day from the first floor of G 1st, which was linked to the I Account in the name of J, and received KRW 50,000 from the said person in the name of J.

Accordingly, the Defendant received compensation and distributed the means of access.

around June 20, 2019, the Defendant: (a) opened an account in the name of “C” in the name of “C” and transferred the passbook, etc., from the main point of the Defendant’s operation located in Yongsan-gu, Yongsan-gu; and (b) opened an account in the name of “C” and known to customers.