logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.06.07 2017고단1780
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

"2017 Highest 1780"

1. No one shall transfer any access medium used in electronic financial transactions;

Nevertheless, the Defendant: (a) heard the phrase that “the details of the passbook transaction should be made; (b) if sending the passbook, if sending the passbook, it may obtain various mutual-aid funds and receive an amount of KRW 40 million by making the loan performance; and (c) around October 15, 2016, the Defendant transferred the access media by delivering the check cards, OTP, etc. connected with the Defendant’s new bank account under the name of the limited company B, the Defendant’s representative, from the front day of the Mudi-gu Seoul Special Metropolitan City on October 15, 2016.

"2018 Highest 833"

2. On August 2016, the Defendant: (a) sent to Kwikset service articles, who sent name-free cards, OTP cards, and passwords, connected to the Kwikset’s account (E) and the Nong Bank’s account (F) of the limited company D; and (b) transferred the name-free cards, OTP cards, and passwords to Kwikset service articles.

3. On February 2017, the Defendant transferred physical cards, OTP cards, passwords, etc., each connected to the former North Bank Account (G) and the National Bank Account (H) under the name of the limited company D established for the transfer of access media, at the end of the end of the end of February 2017, in the same manner as indicated in paragraph 2.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A written statement of I;

1. Details of transfer;

1. A report on investigation (responding to a warrant) (the fact of the judgment No. 2 and 3);

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. Lritten statements;

1. Application of Acts and subordinate statutes of each warrant of search and seizure inspection and replies (the sequence 61 to 64 of the evidence list);

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 Commercial Concurrent Crimes Act (i.e., transfer of access media connected to the account in the name of a limited company D) and the account in the Nonghyup Bank.

arrow