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(영문) 대전지방법원 2019.10.24 2019고정920
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A, who did not have a certain occupation and was issued a deposit passbook (Account Number D) by the Cbank Labor Branch around June 201, and thereafter, was residing in Australia (52) and used the said account by lending an authorized certificate,OTP, security cards, passwords, etc. so that it can be used for Internet banking. While Defendant A was investigated by the investigator of the Busan Customs Office around September 13, 2017, even though he was aware that he was using the said account for the crime of unregistered foreign exchange transactions, which is the referring to the “transfer” of the said account, no person may lend the means of access with the knowledge that it would be used for the crime, even though he was aware that it was used for the crime.

(a) Around January 29, 2018, a renewed OTP card, which is an electronic financial transaction access medium, is issued by the C Bank's Nowon Branch, and loans to E by means of sending them by mail, knowing that it is used in the crime of unregistered foreign exchange business;

(b) around February 5, 2019, a renewed OTPP card, which is an electronic financial transaction access medium, is extended to E by means of mail, knowing that it is to be used in the crime of unregistered foreign exchange business, by means of delivering it by mail, from the Cbank Labor Branch;

2. While Defendant B opened a deposit passbook (Account Number G) from the F branch on January 18, 2016, the Defendant borrowed an authorized certificate, password, etc. to ASEAN (52 years of age) and allowed them to use the said account. Notwithstanding the fact that he/she was investigated by the Busan Customs investigator around September 13, 2017, even though he/she was aware that he/she would use the said F bank account for unregistered foreign exchange transactions, he/she may not lend the means of access, despite being aware that it would be used for a crime, even if he/she was aware that he/she would have been used for the said F bank account, he/she would not lend the means of access. Around January 2, 2019, he/she was issued an authorized certificate of electronic financial transaction access, which is to be used for the said passbook entry and withdrawal, account transfer, etc. at the F branch branch, and then sent it to the Internet with the knowledge that it

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