(영문) 대전지방법원 2018.10.04 2018고단1458

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(영문) 대전지방법원 2018.10.04 2018고단1458

전자금융거래법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[criminal history] On February 21, 2018, Defendant A was sentenced to ten months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Daegu District Court on February 21, 2018, and the above judgment became final and conclusive on June 28, 2018.

[2] In using and managing access media, no person shall take over, demand or promise to receive, demand or promise the cost of taking over, or lend, or store, deliver or distribute access media with the knowledge that it is intended to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

1. On February 2, 2016, Defendant A established an old-age corporation and opened an old-age bank, with intent to pay compensation by transferring it to the needy person. On February 2, 2016, Defendant A opened an account in the name of an enterprise bank (D) in the name of the company bank in the name of 59, Ansan-si, Seoul-si, and transferred the passbook, cash card, and security card (OTP) connected to the above account at the end of that time to the above account. From around that time to February 7, 2017, Defendant A transferred the access media over a total of 13 times, such as the one in the list of crimes in attached Form 1.

2. Around July 2016, the Defendant: (a) received a request from the Defendant, the Republic of Korea, to “A to establish a corporation in the name of NA and to request the payment thereof; (b) established the KBE in the name of the Defendant; and (c) opened an account in the name of the KBE in the name of the KBE in the name of the Daejeon PBS on July 25, 2016; (d) around that time, the Defendant transferred the access media over six times from that time to December 20, 2016, including the issuance of a passbook, cash card, and security card (OTP) connected to the said account.

Summary of Evidence

1. Defendants’ respective legal statements

1. Two-time suspect interrogation protocol against the Defendants

1. Each investigation report (A No. 2.) shall be filed.

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