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(영문) 인천지방법원 2017.05.01 2017고단2320
전자금융거래법위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer or acquire any electronic card used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions, and any access medium, such as information equivalent thereto, etc.

1. Defendant A, on January 16, 2017, at the front path of “D” in the Seoul-gu Incheon Metropolitan City City City C market around 15:00, Defendant A, who is a juice company, and transferred an account to require the account due to tax issues, will be paid KRW 3 million per share.

After receiving the proposal to the effect that “,” it was accepted, transferred the physical card linked to the National Bank Account (E) in the name of the Defendant to the above name in the name of Kwikset Service, and notified the password.

2. Defendant B: (a) on January 13, 2017, at G Mart in front of G Mart located in Seongbuk-gu, Sungnam-si; and (b) on the one hand, Defendant B would give KRW 3 million if the account needs to be transferred to the account due to tax issues.

“In receipt of the proposal to the effect that it was accepted, and then transferred the physical card connected to the Saemaul Treasury Account (H) in the name of the Defendant to the above person and notified the password through Kwikset Service.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of remittance statements and Acts and subordinate statutes governing the provision of financial transaction information;

1. The Defendants of the relevant legal provision regarding criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the selection of punishment, the selection of punishment, and the reasons for sentencing as follows);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The Defendants’ crime of sentencing under Article 334(1) of the Criminal Procedure Act is not only the disturbance of the credibility of electronic financial transactions, but also the soil where the Bosing crime continues to take place in society.

The defendants transferred to criminal organizations the approach media.

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