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(영문) 전주지방법원 2016.07.01 2016고단316
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person shall transfer or acquire any passbook, physical card, password, etc., which is a medium access to electronic financial transactions, or establish a pledge thereon.

1. Defendant A was called to offer KRW 600,000 per head of Tong or cash card from a person in the name of the deceased, and on June 2015, Defendant A issued Kwikset Service to the above person in the name of the defendant, through Kwikset’s office, a cash card connected to the agricultural bank account (E) in the name of the defendant, and notified the above person in the name of the password by telephone.

As a result, the Defendant transferred the access media to a name-free person.

2. On June 28, 2015, Defendant B received a telephone to offer a loan when sending a cash card that allows him/her to enter and withdraw from his/her name, and on June 28, 2015, Defendant B issued one cash card connected to the former bank account (G) in the name of the Defendant via Kwikset in the name of the Defendant through Kwikset Service, Young-gu, Seoul Special Metropolitan City. On June 28, 2015, Defendant B issued one cash card connected to the former bank account (G) in the name of the Defendant, and notified the

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of investigation reports (the details of transactions by passbooks for victims and the details of transactions by account) and the Acts and subordinate statutes on account transactions to be attached;

1. The Defendants of the relevant legal provision regarding criminal facts: Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The act of transferring the electronic financial transaction access media to another person for reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act is deemed to constitute fraud, such as licensing.

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