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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2018.08.10 2018고정522
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2018 High 52] No person shall transfer or acquire access media unless otherwise specifically provided for in other Acts in using or managing access media.

On October 8, 2015, the Defendant, while making a loan request via the Internet, provided that the Defendant would pay a face-to-face fee by lending the name of the seller and the account of the head of the Tong to the seller in the middle-to-face transaction from his name in the middle-to-face transaction. In the end, the Defendant, who was aware of the loan request, was using the Defendant’s check card in the name of the seller and the account of the head of the Tong to the Seoul Gangnam-gu Terminal.

Accordingly, the Defendant transferred the access media used in financial transactions.

[2018 fixed 523] No person shall transfer or take over any access medium unless otherwise specifically provided for in other Acts in using or managing the access medium.

Nevertheless, on April 14, 2016, the Defendant transferred a physical card and password connected to the Defendant’s parent C’s bank account (G) from the business office located in Dong-gu Daejeon-gu, Daejeon-gu to the name in the way of sending the phone number or password to the Defendant’s parent C.

Summary of Evidence

[2018 High Court Decision 522]

1. Statement by the defendant in court;

1. Each police statement made to H and C;

1. Each petition of I, J,K, L, M, N,O, Q, Q, R, S, U,V, W, X,Y, Z, AA, AB, AE, AE, AE, AF, AG, and H [23];

1. Statement by the defendant in court;

1. A written statement of the police against AI;

1. Report on internal investigation (verification of the account number of crimes), investigation report (with respect to telephone communications with the account holder C), and the application of statutes;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); Article 49(4)1 and Article 6(4)1 of the Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (selected of penalty) regarding criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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