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(영문) 광주지방법원 2018.05.10 2018고단634
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium used in electronic financial transactions.

1. On June 2016, the Defendant of the transfer of an access medium to the Agricultural Cooperative account, by reporting and communicating the lending advertisement posted on the Internet Blob in Incheon, and making loans from those in an influence to the Defendant by setting up a bank account in the name of the party and by opening the bank account under the name of the party, for six months from the transfer of the bank account.

“In receipt of a proposal, on June 23, 2016, the business operator was registered in the name of “B” at the Busan District Tax Office located in the Dong-dong of the member of the Gyeonggi-si, Gyeonggi-si, and the registration of the corporation was made in the Suwon District Court’s Ansan Branch on the same day, and on July 2016, through Kwikset service employees in the neighboring reservoir, the head of Tong, official certificate, andOTP card was transferred to the agricultural bank account (C) established in the name of the said corporation through Kwikset service employees in the name of the said corporation.

2. Around November 2016, the Defendant transferred a national bank account access medium: (a) opened two national bank accounts in the name of a limited company B (D, E) with the proposal from the foregoing needy person; and (b) around that time, opened two national bank accounts in the name of the limited company B (D, E); and (c) transferred, through Kwikset’s service staff, a passbook, e-mail card, OTP card, and an official certificate to Kwikset’s account to the needy person through Kwikset’s service staff on the front road of the community service center located in the Newdong-dong, Gwangju Mine-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to telephone conversations with the nominal holder of a new bank account used for committing a crime), investigation report (to attach details of cancellation of a corporate account under the name of the limited company B);

1. Application of the statutes on the application and cancellation of a transaction, including the contents of Messen dialogue;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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