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(영문) 서울남부지방법원 2018.12.12 2018고단4931
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On February 14, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for a violation of business affairs at the Seoul Southern District Court on two months, and the said judgment was finalized on February 22, 2018. On May 31, 2018, the Seoul Central District Court sentenced one year of suspension of execution to four months for a violation of the Electronic Financial Transactions Act and became final and conclusive on June 8, 2018.

[2] In using and managing access media, no person is allowed to lend, keep, deliver or distribute access media while transferring or acquiring access media or receiving, demanding, or promising the payment for the use thereof.

Around November 16, 2016, the Defendant: (a) received and consented to the proposal from a person under whose name the Defendant would make a large-amount know-how to “to give KRW 1,500,000,000 to one month in which the passbook was opened,” and (b) transferred the electronic financial transaction access media, such as the CC Card, OTP, connected to the passbook and account of the company B in the name of the company B in the name of the company with limited liability, at the location of the 75-day electronic commercial site located in the 1st floor of the Seoul Yongsan-gu Seoul Special Metropolitan City Special Metropolitan City, Cheongpa-ro, a Cheongpa-ro 75,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition for DNA preparation;

1. Details of payment of damages;

1. Response to the SC Japan Bank;

1. Customer basic information (with limited liability company B);

1. Details of transactions (with limited liability company B);

1. Previous convictions in the judgment: Application of the defendant's legal statement, criminal history, and other inquiries, and the text of the judgment (Seoul Southern District Court Decision 2017 High Court Decision 4834 Business Obstructions);

1. Relevant Article of the Act and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the transfer of access media and the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The instant crime is committed by opening an account in the name of the legal entity with the intent to transfer and transferring the access medium.

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