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(영문) 인천지방법원 2014.01.23 2013고단7451
전자금융거래법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No credit card merchant which violates the Specialized Credit Financial Business Act shall lend the name of the merchant to another person;

Nevertheless, on February 22, 2012, the Defendant accepted a proposal to offer KRW 4 million if he/she lends the name necessary for running the main business from an unqualified person’s name, and completed his/her business registration under the name of the main agent of “C” in Gangnam-gu, Seoul, Gangnam-gu, Seoul, and completed his/her business registration on February 22, 2012, and entered his/her ran tavern business in the Gangnam-gu office, Samsungdong-gu, Seoul, and opened each credit card merchant in the Seoul, Dong-dong (main) and the Jongno-gu Seoul, Jongno-gu, Seoul, and established each credit card merchant around February 2012, the Defendant received KRW 4 million from an unqualified person in cash from the above name and issued the business registration certificate, business report certificate, and account passbook in the name of the Defendant as stated in paragraph (2) to August 30, 2013, thereby causing a false sales claim of KRW 750,710,700,000 in the name of the above store.

Accordingly, the Defendant lent the name of credit card merchant.

2. No person who violates the Electronic Financial Transactions Act shall transfer the means of access to electronic financial transactions;

Nevertheless, the Defendant received 4 million won in cash from a person who was not aware of his/her name, and issued a new bank account (Account Number E) and a cash card in the name of the Defendant to the person who was not aware of his/her name in order to use it in operating his/her business in the name of the above main office on March 2012, 201, and issued a new bank account (Account Number F) and a cash card in the name of the Defendant to the person who was not aware of his/her name on August 13, 2012.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. An investigation report (report on necessity for search and seizure of accounts);

1. Acts and subordinate statutes;

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