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(영문) 수원지방법원 안양지원 2019.02.13 2018고단1621
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. No person who committed a crime on March 2018 shall transfer any means of access to another person, unless otherwise specifically provided for in other Acts, in using and managing the means of access.

Nevertheless, on the Internet website, the Defendant searched a “spambook” and sent a means of access connected to an account under the name of the party with no personal identity after making contact with the party with the person with no personal identity and by establishing a legal entity from the person with no personal identity, the Defendant agreed to receive KRW 300,000 per one, and on March 6, 2018, the Seoul Central District Court established a CC in the registry of the Seoul Central District Court.

On March 2018, the Defendant continued to transmit to his name, the following: (a) on the 7th page of the new forest basin located in Gwanak-gu in Seoul Special Metropolitan City, D Bank Account (E), D Bank Account (F), G Bank Account (H), G Bank Account (I), J Bank Account (K), J Bank Account (K), J Bank Account (L), Y Bank Account (L), 7 head of e-mail card, 7 head of OPT card, and OP card to his name, via Kwikset Service.

2. On April 5, 2018, the Defendant: (a) agreed to receive KRW 300,000 per account from a deceased person on his/her name, as described in paragraph (1) from a first police officer on April 2018; (b) concluded that (c)O was established in the Sungwon District Court’s Sungnam branch support around April 5, 2018; and (c) sent the G Bank Account (P), G Bank Account (P), D Bank Account (R), and (iv) passbook connected to the M Bank Account (S), 11, and OTP card to the deceased person through Kwiksetset Service.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning T;

1. An investigation report (as to Account Name C):

1. Investigation report (Submission of passbook copies and written confirmation for opening an account); and

1. Application of Acts and subordinate statutes to investigation reports (report on bindings concerning submission of all the matters registered with the limited liability company of the suspect);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Trade name;

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