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(영문) 서울서부지방법원 2019.03.20 2019고단167
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer a means of access.

Nevertheless, the Defendant received a proposal from a person who was unaware of his name to “I will give KRW 1,30,000 won in cash if he had opened a passbook in the name of a juristic person.” On July 6, 2017, the Defendant opened a bank account in the name of D Bank at the Mapo Central Branch of Mapo-gu Seoul, Seoul, and received KRW 1,30,000 in consideration of the following: (a) a physical card connected to the above account from a person who was waiting for outside the bank; (b) a password and its password; and (c) an OTP card.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol or copy of the police interrogation protocol against the accused;

1. Collection data, full certificate of corporate registration, bank transaction application, business registration certificate, power of attorney, and application of statutes to resident registration certificates;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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