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(영문) 대전지방법원 2021.01.29 2020고정935
전자금융거래법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was working as a driving instructor from “C” and “D”, a non-registered driving education enterprise operated by B.

I are people.

1. No person who violates the Electronic Financial Transactions Act shall transfer any medium access to electronic financial transactions;

Nevertheless, on December 2018, the Defendant issued to B a password of e-mail card (G) 1 and e-mail card (G) connected to the account in the name of the Defendant for the purpose of paying fees for the allocation of driving education students in front of F in the name of the third class E in the name of the date.

Accordingly, the Defendant transferred the electronic financial transaction access media.

2. Anyone who has not registered a driving school in violation of the Road Traffic Act shall be prohibited from conducting driving education for automobiles, etc. which is conducted outside of a driving school, etc. in return for payment, or by lending the name of a driving school, etc.;

Nevertheless, on January 1, 2019, the Defendant: (a) provided driving education to H, who is a student recruited through “C” and “D,” which is a non-registered driving education business entity B, which is operated by C at the Sejong city; (b) received tuition fees of KRW 280,000 from H from around September 4, 2019; and (c) provided driving education to 89 students as shown in the list of crimes in the attached Table; and (d) received a total of KRW 22,80,000 as tuition fees.

Accordingly, the Defendant did not register as a driving school, and provided driving education outside of a driving school, etc. for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of body card photographs), internal investigation report (a copy of the forwarding document of the case), internal investigation report (as to the specification, etc. of suspected A personal information), internal investigation report (as to the specification, etc. of suspected A personal information), internal investigation report (as to the preparation of a list of crimes), and investigation report (as to the attachment

1. The relevant Act on the Electronic Financial Transactions (amended by Act No. 17297 of May 19, 2020) concerning criminal facts.

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