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(영문) 수원지방법원안산지원 2020.12.17 2020고단3335
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access used in electronic financial transactions, unless otherwise specifically provided for in other Acts, no person may borrow or borrow the means of access with promise to do so. However, around December 2019, the Defendant: (a) received a proposal from an unqualified person on his/her name to stating that “it is necessary to operate a liquor company, and the head of a passbook is required to reduce taxes; (b) it is not illegal; (c) 400,000 won per page, if the head of a Tong is opened, and then the head of a Tong is to be lent.”

1. On December 23, 2019, opening a new business bank account (C) in the name of the company bank (C) in the name of the Defendant at the company Kimpo-si Office located in Kimpo-si, Kimpo-si, 113, 113, and setting a password number, etc. around that time, using Kwikset services in the street near the above business bank Kimpo-ro Kimpo point, and opening Kwikset-si and OTP cards connected to the above account to the name needy person;

2. Around January 20, 2020, when newly opening a bank account under the name of the Defendant (F) in the name of the DDR branch located in Songpa-gu Seoul Metropolitan Government, the bank password, etc. was set up in the number designated by the non-member of the DDR. Around that time, Kwikset service was used in the vicinity of the DDR branch, and opened the passbook, e-mail card, and OTP card connected to the above account to the non-member of the name.

Accordingly, the Defendant promised to provide compensation and lent the means of access respectively.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation report (Attachment to the corporate register of a stock company) on information about subscribers E, transaction details E, financial transaction information in the name of a company B, and transaction information in the name of a company B, etc. in the name of the defendant;

1. Article 49(4) of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) provides for the pertinent provision of criminal facts and the selection of punishment.

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