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(영문) 의정부지방법원 고양지원 2018.04.12 2017고단3095
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person of 2017 shall transfer any access medium to the use and management of the access medium for electronic financial transactions.

Nevertheless, on March 28, 2016, the Defendant transferred the access media to the bank account in the name of the corporation that he/she opened as his/her representative to a person with no name, through D, etc., and provided payment for inside and outside KRW 600,000 per account. On March 28, 2016, the Defendant transferred each passbook, OTP card, and USB, etc., including Kwikset’s official certificate, to a person with no name, through Kwikset’s service.

"2018 Highest 26"

1. In using and managing access media for electronic financial transactions on March 29, 2016, no person shall transfer any access medium except as otherwise expressly provided for in any other Act;

Nevertheless, on March 29, 2016, the Defendant transferred the access media to the bank account in the name of the corporation that he/she has opened as his/her representative to the influenites through D, etc., and provided that the Defendant would receive the price of KRW 400,000 or KRW 600,000 per account. On March 29, 2016, the Defendant transferred the access media for electronic financial transactions to the influences through D by giving the e-mail card, the OTP card, and the USB, etc., each connected to the new bank account in the name of the limited company E (H, I) that was opened as the representative of the Defendant.

2. A person who violates the Electronic Financial Transactions Act on April 2016 shall not transfer any access medium except as otherwise expressly provided for in any other Act in using and managing access medium for electronic financial transactions.

Nevertheless, it is not appropriate.

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