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(영문) 전주지방법원 2017.12.15 2017고단1672
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

"2017 Highest 1672"

1. No one shall transfer or acquire any access medium in using or managing the access medium;

Nevertheless, the Defendant’s account is required to receive money from a person who is called “C” to receive money for the clothing business, and if a business is conducted, the Defendant established a limited company D Corporation under the name of the Defendant, and opened a single bank account (E) in the name of the said corporation and transferred the physical card connected to the said account to “C” on July 7, 2016.

"2017 Highest 1933"

2. The Defendant: (a) heard the horses that “the Defendant would give a half of the monthly income to the account to be deposited in the account, as in the case of “C” person; and (b) opened a post office account in the name of the Defendant; (c) opened a post office account in the name of the said corporation; (d) on June 27, 2016, at G points located in F in Jeonju City, he directly transferred the physical card card No. 1 and an OTP card No. 1 to “C”, which is linked to the said account.

Summary of Evidence

"2017 Highest 1672"

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Written petition by J;

1. A certificate of confirmation of transfer;

1. Each reply to the details of financial transactions "2017 Highest 1933";

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Detailed statement of transactions;

1. The application of Acts and subordinate statutes to the response to financial data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade (or selection of imprisonment with prison labor) applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Transferring or lending to another person electronic financial transaction access media due to unfavorable reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

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