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(영문) 서울남부지방법원 2017.05.19 2016고단5692
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Criminal facts

The Defendant, around June 2016, reported and contacted the advertisements posted on the Internet “Sone Star gram” and opened a bank account, thereby paying KRW 600,000 per account if he/she transferred the passbook.

“C” established a limited company called “B” around July 1, 2016 after receiving a proposal, and around July 8, 2016, the Seoul Jongno-gu Seoul Cheongcheon-ro 331, and opened one account in the above B name at a point in the name of “B” and one account in the name of “IBK Bank” located in Seoul Jung-gu, Seoul.

1. In July 2016, the Defendant directly opened a passbook, cash card, OTP card, password, and Internet banking ID connected to the bank account (Account Number: C) of the company B with limited liability company.

2. After entering the date mentioned in paragraph 1, the Defendant directly opened a passbook, cash card,OTP card, password, and Internet banking ID connected with the company bank account (Account Number D) in the name of a limited company B.

As a result, the Defendant transferred two accessible media used in electronic financial transactions to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, K, L and M;

1. Application of the relevant Acts and subordinate statutes to the details of transfer, provision of financial transaction information, inquiry into personal information of customers, application for transaction, statement of account transaction, statement of account transaction, confirmation of transfer, each deposit, reply to our bank (written provision of financial transaction information), personal information of customers of our bank account, application for account transaction, (1)B business registration certificate, (2)B registration certificate, certified copy of account transfer, and the details

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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