logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.11.04 2016고단1540
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 the means of access to electronic financial transactions.

Nevertheless, the Defendant listened to the statement that “after making business registration and opening a corporate account, the Defendant would give KRW 300,000 won per head of the Tong and the physical card, etc.,” from the needy on the Internet page, and opened a national bank account (D) in the name of a limited liability company C, and transferred the means of electronic financial transactions to the needy in the above national bank, the head of the Tong and the physical card, the OTP card, and the password, as the end of June, 2016, at the 105-gu parking lot for the World Cup games located in the 1055-gu Seoul Metropolitan City, as the end of June 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. E statements;

1. A report on occurrence;

1. Report on internal investigation (the reply of a seizure warrant, the F telephone conversation, the reply to a seizure warrant);

1. Each reply to a seizure warrant;

1. Application of Acts and subordinate statutes on trading lists;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense (the transfer of any access medium);

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating the Electronic Financial Transactions Act by means of access);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. For reasons unfavorable to sentencing under Article 334(1) of the Criminal Procedure Act, the transfer of the means of access to electronic financial transactions to another person may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc., and the actual account of the means of access transferred by the Defendant has been used for fraud.

The favorable circumstances include the fact that the defendant recognizes all of the crimes of this case, and that the defendant is the first offender who has no record of criminal punishment.

The above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.

arrow