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(영문) 서울동부지방법원 2017.10.24 2017고정1114
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any access medium to ensure the reliability of the results of electronic financial transactions.

On November 2016, the Defendant received a proposal that “I will open a corporate account and offer 200,000 won a month on the face of the YN,” and “I will do so by directly asking to the persons concerned of the relevant business by telephone,” while searching NAV in the Republic of Korea.”

1. On November 14, 2016, the Defendant establishes a legal entity with the name of B (Registration NumberC): opened an account at the village of a national bank in the name of the legal entity at least 15 (15) days following the following day; and immediately after opening an account, communicate all media, such as passbook and cash card of the account to the distributor of the passbook waiting in front of the village of the Seoul National Bank at the site, Gangdong-gu Seoul National Bank;

2. The Defendant: (a) immediately after opening an account (Account Number E) at a high-line branch of our bank in the same manner as the opening of the account referred to in the above paragraph 1, the Defendant sent all of the access media to the head of the Tong, waiting in front of the high-line branch of the Seoul Gangdong-gu Seoul Bank in the same manner.

Accordingly, the Defendant secured ownership of all the access media of electronic financial transactions that he established and transferred to another person without the intention of return.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the place of crime, such as a copy of corporate name business registration certificate, and a copy of application;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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