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(영문) 전주지방법원 2017.02.24 2016고단2397
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

No person shall transfer any access medium in using and managing the access medium.

On March 2, 2015, the Defendant transferred cash cards and OTP (Security Cards) connected to the new bank account (E) in the name of the company D, the representative director of which was the Defendant, from the time on April 20, 2015, to the time of transferring the bank account under the name in the name of the Defendant, and proposed that the Defendant would offer KRW 300,000 per week by transferring the bank account under the name of the corporation. On March 2, 2015, the Defendant transferred the cash cards and the cash cards connected to the nine accounts in the name of the limited company D, including the cash cards and the OTP (Security Card) connected to the nine accounts in the name of the limited company (E).

Summary of Evidence

1. Statement by the defendant in court;

1. Each internal investigation report (a list and list of corporations linked to criminal accounts, and refusal of the attendance of D representative of limited companies);

1. Application of Acts and subordinate statutes to each investigation report (including each criminal suspect establishment corporation, each establishment corporation, each bank account opened in the name of the establishment corporation, statement by a suspect telephone, and attaching certified copies of relevant register and account

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Electronic Financial Transactions Act by the date of each transfer);

1. Selection of imprisonment with prison labor chosen;

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. Under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, Etc., the transfer of electronic financial transaction access media to others may cause damage to many and unspecified persons because it can be used for a crime. The account of the access media actually transferred by the Defendant was used for the Internet gambling crime. The instant crime committed by the Defendant established a company and established the company to access the company’s account.

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