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(영문) 부산지방법원 2016.10.14 2016고정2893
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Electronic Financial Transactions Act at the Busan District Court on August 11, 2016, and the said judgment became final and conclusive on August 19, 2016.

No person shall keep, deliver or distribute a means of access with the knowledge that he/she is to be used for a crime or to be used in such crime.

Nevertheless, the Defendant opened a presidential bank account in the name of a floating juristic person with no real entity with B to sell it to an organization operating an illegal sports earth site. On July 23, 2015, the Defendant opened a deposit account in the name of a national bank account in the name of the KCAC (representative D) in the shipping bank branch in Busan Metropolitan City, the Defendant issued B a password, etc. connected to the above passbook and the above passbook to B from the discharge from active service in the Dong-dong, Daejeon Metropolitan City.

As a result, the Defendant, in collusion with B, kept, delivered, or distributed a means of access with the knowledge that it would be used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A detailed statement of account transfer;

1. Application for new trade, business registration certificate, power of attorney;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act and the choice of fines concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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