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(영문) 서울중앙지방법원 2019.05.01 2019고정393
전자금융거래법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer, request or promise to transfer, receive any consideration for, or lend any means of access, such as an electronic card or any similar electronic information, password, etc. necessary for electronic financial transactions.

1. On May 3, 2018, the Defendant, who transferred the bank account in the name of the bank bank account in the name of the bank holding company B, was issued a proposal to “100,000 won per head of the bank, if he/she transfers the bank account instead of a corporate passbook.” On the same day, the Defendant, using a business registration certificate, power of attorney, corporate seal, etc. received from the above person in the name of the bank in the name of the bank holding company and opened the bank account in the name of the bank holding company in the name of B, and immediately transferred the means of access to the above passbook, the e-mail card connected thereto, and the OTPP to the above person who was waiting for the outside of the bank holding company holding the company holding the company's account.

2. Around May 4, 2018, the Defendant transferred the H Bank account in the name of the L Bank account in the name of the K Bank account in the name of the K Bank account holder: “Around the same day, he/she will make 100,000 won per head of the Tong, if he/she transfers a corporate passbook in lieu of a corporate passbook.” On the same day, the Defendant, using a business registration certificate, power of attorney, corporate seal, etc. received from the H Bank in the name of the K Bank in Jung-gu Seoul, Jung-gu, Seoul, as if he/she was an agent of the H Bank account in the name of the K Bank account holder, and immediately after opening the H Bank account in the name of the K Bank account holder in the name of the H Bank account holder, the above passbook and its connected e-mail card, and the OTP were delivered to the above person who

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a warrant of search, seizure and verification [2018-4028] reply, search, seizure and verification (Evidence No. 29 pages)

1. Article 49(4)1 and Article 6(3) of the Electronic Financial Transactions Act concerning criminal facts

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