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(영문) 인천지방법원 부천지원 2018.05.24 2018고단815
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

1. Around June 2017, the Defendant: (a) received a proposal from a transferee of a bankbook with no name-free passbook; (b) that “When a bank opens an account in the name of the company and then transfers a e-mail card, an OP card, etc. connected to the account, the Defendant opened an account in the name of the company; and (c) established a corporation with the Defendant as the representative director, and thereafter, opened the account in the name of the said corporation in the name of the bank, corporate bank, national bank, new bank, and Saemaul Treasury.” (d) After establishing the Defendant Company B with the Defendant as the representative director, the Defendant opened the account in the name of the said corporation.

On June 2017, the Defendant transferred the access media to Kwikset service provider who sent name-based and non-member of the subway transmission details, (C), the name bank account (D), the same name bank account (E), the same name bank account (F), the new bank account (F), 5 head of the card connected to the same name Saemaul Bank account, and 5 head of the OPT card to Kwikset service provider.

2. On September 2017, the Defendant: (a) around September 2017, at the same place as indicated in paragraph 1, the Defendant: (b) transferred the access media by delivering to Kwikset service provider a physical card connected to the account that was created and kept in advance in order for the Defendant to carry out clothing business, to the effect that “if the Defendant created a company by representing the width; opened an account in the name of the bank; and then transferred the e-mail card, OPT card, etc. connected to the account in the name of the company, five million won per account.” (b) Upon receipt of a proposal, the Defendant transferred the access media by delivering the e-mail card connected to the account in the name of the National Bank in the name of H; and (c) one copy of the OPT card, etc. to Kwikset service provider.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints of J, K and L;

1. Provision of financial transaction information, customer identification, transaction application, each business registration certificate, all corporate registration certificates, records of account transactions, e-mail details, notification of data on financial transaction status, customer basic information, and inquiry into customer basic information;

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