logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2015.10.21 2015고단1688
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any means of access necessary for electronic financial transactions.

Nevertheless, around March 5, 2015, the Defendant received a communication from a closed bus terminal in a broad-sea public service, that “the Defendant will offer 2.5 million won per unit in return for sending a passbook, etc.” from a name-free person, and transferred a means of access necessary for electronic financial transactions by means of opening a bank account in the name of the Defendant, Gwangju Bank (number B), a community credit cooperative account in the same name (number B), and one cash card, respectively through a bus terminal baggage.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Copy of the complaint;

1. Specifications of transactions in the Gwangju Bank, certificates of community credit cooperatives, and statements of transactions in the Nonghyup Bank;

1. A copy of each investigation report, the application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that at the time of transferring the passbook and cash card as indicated in the sentencing grounds of Article 334(1) of the Criminal Procedure Act, the head of the passbook, etc. was aware of the fact that they could be abused for the crime, and the fact that the head of the passbook, etc. actually transferred was abused for a third party’s fraud is disadvantageous to

However, the fact that the Defendant was unable to obtain the price for the instant crime, and that there was no criminal record for the same kind of crime is favorable to the Defendant.

In addition, the punishment shall be determined as ordered by considering the scale of damage caused by the fraud of a third party, the age, character, conduct and environment of the accused and all other sentencing conditions shown in the records.

arrow