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(영문) 서울서부지방법원 2017.01.24 2016고단3684
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

No person shall transfer any access medium, such as physical cards, necessary for electronic financial transactions, without special provisions in any other Act.

Defendant

B On July 2016, 2016, in return for the transfer of two e-mail cards connected to the passbook from a person who was in the name of the non-defluent name of the deceased on a temporary basis, the government proposed that the Defendant A, who borrowed the money from him, inform him of the fact and transfer the e-mail card to his name non-defluent person, and the Defendant A accepted this.

On July 28, 2016, the Defendants: (a) on July 28, 2016, at the street around Defendant A’s residence located in Eunpyeong-gu Seoul Metropolitan Government, and (b) on the phone with his name-free and mobile phone, Defendant B informed Defendant A of the location of Defendant A while communicating with his/her cell phone; and (c) Defendant A issued 2 head of the physical card connected to the head of the Kokset Bank (E/F) under his/her name to the name-free person, and notified the password.

Accordingly, the Defendants conspired to transfer the electronic financial transaction access media.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on account transactions, such as receipts, postal cards-related matters, B-e-mail statements and commitments;

1. The Defendants: Article 49 subparag. 1 and Article 6 subparag. 3 subparag. 1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Articles 49 subparag. 4 subparag. 1 and 6 subparag. 3 subparag. 1 of the same Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The account transferred by the Defendants for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used for the criminal act of Bosing, and the sentencing factors such as the background leading to the criminal act, crime history, age, sexual conduct, environment, etc. should be taken into consideration.

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