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(영문) 서울남부지방법원 2017.03.15 2016고단5033 (1)
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Unless otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing any access medium.

Nevertheless, when the Defendant was asked to offer a passbook and a e-mail card from a person in the name of the deceased, the Defendant transferred the e-mail card, which is a medium of access to electronic financial transactions, to a person in the name of the deceased, by delivering Kwikset through Kwikset Service, one copy of the e-mail card connected to the Nong Bank account in the name of the Defendant in front of the Defendant's home located in Guro-gu Seoul, Seoul, to the deceased.

around May 26, 2015, the Defendant: (a) received a proposal from the Defendant’s residence located in Guro-gu Seoul Metropolitan Government, stating that “The account number is available to receive cash; and (b) withdrawal of the money deposited in the above account from the Defendant’s bank account at the face value in cash; (c) notified the Defendant of the account number of the Defendant’s bank account number (F) to assist the Defendant in committing the crime of unclaimed names.”

On May 26, 2015, the Defendant sent 35,00,000 won, which the victim remitted to the above bank account of the Defendant in order to assist the Defendant in receiving money from the Defendant, by deceiving the victim G (59 years old) to have a phone called to the Seoul Central District Public Prosecutor's Office, and asking the victim G (59 years old) to cooperate in arresting the accomplice of the financial crime case. If money is deposited to the account he/she wants to arrest the criminal at the time of withdrawing the money, by deceiving the Defendant to “the remittance of money to the account opened by the account number that the criminal attempted to arrest the criminal at the time of withdrawing the money.” In order to assist the Defendant in receiving money from the said victim, around 14:45, around 14:45 of the same day, 300,000 won from the 810,000 Won-gu, Seongbuk-gu, Seo-gu, Seoul District Court located in the Republic of Korea on the same day.

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