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(영문) 인천지방법원 2020.08.12 2019고단9626
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access, except as otherwise expressly provided for in any other Act, in using and managing the means of access.

1. On February 1, 2019, the Defendant transferred the means of access under the name of limited liability company B by receiving KRW 300,000 from the person who was not the name, and by delivering the means of access, such as passbooks, check cards, and OTP cards, connected to the representative limited liability company B (D) to the person who was not the name.

2. Around March 8, 2019, the Defendant transferred the means of access, such as a passbook, physical check, and OTP card, connected with the representative limited liability company E (F) at the location of Bupyeong-gu in Incheon, Bupyeong-gu, Incheon, and at least 30,000 won, the Defendant received 30,000 won from his/her name bad, and the Defendant issued the means of access to his/her name bad persons.

"200 Highest 1736"

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, around December 28, 2018, the Defendant agreed to be paid 300,000 won per month from G to the 300,000 won per month from the company reporting balance point of the company bank located in Ansan-si, the members of Ansan-si, and the Defendant issued the means of access, such as passbook, check card, OTP card, etc. connected to the company bank account in the name of the limited company E (H) registered as the representative of the Defendant to the above G, and issued the means of access to G or the false name on a total of five occasions from that time to August 23, 2019, as shown in the list of crimes.

Accordingly, the Defendant transferred the means of access necessary for electronic financial transactions.

2. Any person who has violated the Telecommunications Business Act shall mediate or have another person mediate communications using telecommunications services provided by a telecommunications business operator.

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