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(영문) 대전지방법원 2018.04.26 2017노2915
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the legal principles (as to the violation of the Electronic Financial Transactions Act), on July 7, 2017, the Daejeon District Court proposed that “The Defendant shall create a business entity in the name of four and open an account in the name of a business entity and give KRW 2,500,000 on the face of two hundred and five hundred,00” by telephone from the AJ around December 17, 2015. The Defendant received a proposal from AJ to AJ to “AK” with the Defendant’s identification card, seal imprint certificate, seal imprint certificate, and resident registration certificate from the AJ as the Defendant’s representative director at the AJ registry in the Republic of Korea, and issued the said AJ’s deposit account in the name of the said AJ to the said AJ’s new deposit account in the name of the said AJ and the said AJ’s new deposit account in the name of the said AJ on December 23, 2015.

Accordingly, the defendant transferred the access media of electronic financial transactions to AJ respectively.

【A sentence of a fine of KRW 3 million was imposed for a crime of violation of the Electronic Financial Transactions Act, and the above judgment became final and conclusive around that time.

Since the violation of the Act on Electronic Financial Transactions and the violation of the Act on Electronic Financial Transactions against the defendant among the facts charged in the instant case, the judgment of acquittal should be pronounced on each of the facts charged against the defendant for violation of the Act on Electronic Financial Transactions.

B. Improper sentence of the lower court (one year of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of misapprehension of the legal doctrine, and the Defendant’s act of transferring each approaching medium was linked to each account opened in the name of the legal entity by the delegation of the Defendant.

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