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(영문) 부산지방법원 동부지원 2016.08.23 2016고정711
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium necessary for electronic financial transactions.

1. On April 1, 2015, the Defendant introduced, and receives money, the name of the telephone finance fraud group to B, and the Defendant received money. B received KRW 500,000 from the mass bus terminal located in one-lane 7 in Yangsan-si, Yangsan-si, Yangsan-si at the above time and received KRW 500,000,00 from the Busan bank account (C) in his/her name, and delivered the physical card and password to the Defendant on account of the name of the telephone finance company by using the consignment of the freight.

2. On April 11, 2015, the Defendant: (a) linked the name of the telephone finance fraud group with money from D and E; and (b) D and E sent the physical card and password, which is an access medium of D’s Busan bank account, from the Busan Shipping Daegu Maritime Shipping Daegu bus Terminal, to the Defendant, using the consignment of hand freight; and (c) conveyed the name of the telephone finance fraud group connected to the Defendant.

Accordingly, the Defendant transferred the access media necessary for electronic financial transactions in collusion with B, D, and E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against B, D, or A;

1. Application of Acts and subordinate statutes of each internal investigation report (including supplementary data);

1. Article 49 (4) 1, Article 6 (3) 1, and Article 30 of the Criminal Act concerning facts constituting an offense; Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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