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(영문) 서울서부지방법원 2019.02.21 2019고단2
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

No person shall transfer the means of access for electronic financial transactions.

Nevertheless, in November 2017, the Defendant received a proposal and consented to the opening of an account under the name of the Defendant, “the Defendant: (a) opened a bank account in the name of a limited liability company; (b) opened a bank account in the name of a limited liability company in the name of the Defendant at the office of Ilmamama branch of the B bank on December 7, 2017; and (c) transferred the means of access by transferring the passbook, OTP, entry and exit cards, passwords, etc., which are linked to the account, to the account in front of the subway 3 E Line’s neighboring convenience stores.

Summary of Evidence

1. Defendant's legal statement;

1. The results of the transfer by the FF Bank, the results of the transfer, and the overall output;

1. Customer basic information inquiry, notification of financial transaction status, statement of transaction by account, and bank transaction statement;

1. Application of statutes on business registration certificates;

1. Relevant legal provisions concerning criminal facts: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act [Incompetence] is that the means of access leased by the defendant was used for another crime, the occurrence of damage, the establishment of the company, and the transfer of the means of access (incompetence circumstances] has been decided simultaneously with the same criminal power as the judgment became final and conclusive

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