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(영문) 서울중앙지방법원 2014.08.21 2014고단5350
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person committing the crime committed on March 19, 2014 shall transfer any means of access necessary for electronic financial transactions to any third person;

Nevertheless, on March 18, 2014, the Defendant accepted a proposal from a person who assumes the name of “D” and received the offer that “the Defendant would make the price of KRW 1 million per opening on the face of transfer of the cash card necessary for the business.” On the 19th day of the same month, the Defendant transferred 4 means of access to each cash card linked to the Defendant’s bank account (E), agricultural bank account (F), post bank account (G), and community credit cooperatives account (H) through Kwikset Service, through Kwikset Service, and simultaneously transferred 4 means of access by informing the password of each cash card by telephone.

2. No person who committed the crime on March 21, 2014 shall transfer any means of access necessary for electronic financial transactions to any third person.

Nevertheless, on March 21, 2014, the Defendant proposed that I would give 1 million won per opening if the person D transfers the passbook to the person who was aware of it in connection with the multi-level marketing business, and that B would receive 100,000 won of cash card in lieu of the transfer of the passbook to B, and that I would draw up two cash cards linked to the Agricultural Cooperative Account (Account Number J andK) in the name of I, and then received two cash cards from I who agreed to do so. On the same day, the above two cash cards were sent to the person under whose name they were named, through Kwikset service and notified him of the passwords of each cash card by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement concerning L;

1. Details of passbook transactions;

1. Provision, etc. of financial transaction information;

1. A copy of bankbook;

1. The application of the investigation report (I, M-related investigation status, and attachment of summary order) to the law.

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