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(영문) 광주지방법원 2016.02.16 2015고단4579
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 8, 2015, the Defendant: (a) sent a call to a person without a name-based statement; and (b) heard the statement to the effect that “if the Defendant opened and sent a securities account, it would give a loan by raising credit through stock transaction; (c) the Defendant did not know at all about the personal information of the persons without a name-based name; and (d) did not confirm the authenticity of the lending commitment, including whether the persons without a name belong to any institution or business entity; (c) the time, place, and method of returning the access media sent by the Defendant; and (d) did not provide the response method for the case where the Defendant was not returned; (d) there was the history of criminal punishment twice for the transfer of the account, and even if the Defendant opened a securities account under the name of the Defendant and sent it to the person without a name-based bus, he had sufficiently known the fact that he would not return it to the account, by using it, and had sufficiently known that he could not return it to the account.

On August 2014, the Defendant opened a total of 11 securities account as shown in the list of crimes in the attached Table at the same Dong-type Gwangju branch in Gwangju, Nam-gu, Gwangju, as well as opening a Dong-type account (Account Number B) in the name of the Defendant, and sent 11 of each of the securities cards (cash receipt) and password connected to the said accounts from the Gwangju-dong comprehensive bus terminal in Gwangju-dong, Seocheon-gu, Gwangju, as well as the number of each of the securities cards (cash receipt) and password connected to the said accounts, using high-speed bus baggage.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in each police statement (a copy) made to C, D, E, F, and G;

1. The description of H’s petition;

1. Responses to a request for financial transaction information ( Samsung Securities, .

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