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(영문) 서울북부지방법원 2019.06.26 2019고단763
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 1, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act at the Seoul Northern District Court on October 1, 2018, and the judgment became final and conclusive on April 20, 2019.

In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around July 2017, the Defendant received a proposal from a person “B” who became aware of at the horse race track in Gangnam-gu Seoul Metropolitan Government, to offer 100,000 won per account when opening an account under the name of the juristic person, and received documents necessary for opening a corporate account by accepting it. On July 17, 2017, the Defendant received the passbook, OTP, and cash card and received them to B and received them in cash.

Accordingly, the defendant delivered the means of access while receiving compensation.

In using and managing a means of access used in electronic financial transactions, no person shall borrow or lend a means of access or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on September 2017, the Defendant received a proposal from a person who referred to as “G” to open a financial account in the name of a juristic person and to pay KRW 100,000 per case of a passbook and card related thereto,” and accepted it, and received from G the documents related to the issuance of a passbook, such as a business registration certificate of “HABA” and a proxy certificate.

On September 7, 2017, the defendant submitted the above documents at the Gangnam Branch of the Busan International Association and opened the account in the name of H. H.

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