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(영문) 전주지방법원 2018.07.18 2018고단525
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on January 2016, the Defendant is entitled to a loan if he establishes a corporation and has the financial transaction performance in the name of the corporation.

After establishing a corporation under the name of the party, the bank opened an account in the name of the corporation, and he/she received the proposal that the account will be deposited with the results of transactions between three months and then the loan will be made.

Accordingly, the defendant is identical with the person who was not injured in name.

1. The same year after establishing a limited liability company B with the defendant as its member around 26;

2.4. Opening of a national bank account (Account Number: C) in the name of the above company, and an agricultural bank account (Account Number: D) in the name of the above company, and for the same year;

2. Around 11.1. Around that time, the agricultural bank account in the name of the above company (Account Number: E) was opened, and a physical check card, password, passbook, OTP card, etc. that is linked to each of the above accounts were transferred to the name in the name in the name in the French-si (hereinafter referred to as the "Seoul-nam City").

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A copy of the account document and passbook B;

1. Copy of business registration certificate;

1. Investigation report (Attachment of a certified copy of the corporate registry of limited liability company B), investigation report (Attachment of an application for account transaction in the name of B), and the application of statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of transferring access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is the means of other crimes, such as Bosing, etc., the instant access media provided by the Defendant was used for actual crimes, and the Defendant merely becomes its representative rather than its own account.

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