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(영문) 수원지방법원 2017.09.08 2017고단3894
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, the defendant, despite being aware that D's residing in China uses an account in illegal exchange activities, etc. that are restricted by foreign exchange transaction laws, had D use a financial account under the name of the Republic of Korea that can use a certified certificate from D and received a request from D to request D to request the applicant to use the bank account, cash card, and an application for issuance of a certified certificate, and had D receive the transfer of the account and receive the certificate of the certified certificate of the above account so that D can use it.

On March 22, 2013, the Defendant asked E to open a new account at the E’s residence located in the F in Ansan-si, the Defendant received the passbook, a security card, and a certificate of official approval from the head of the Tong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, to open a bank account at the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-gu, Dong-dong, and then received the account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by each prosecutor's office;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of Acts and subordinate statutes on search and seizure inspection warrant data (E account details) and the details of I account;

1. Article 49(4)1 of the relevant Act and Articles 6(3)1 and 6(3)1 of the Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015); the option of imprisonment for a crime

1. The crime of taking over the accessible media under the Electronic Financial Transactions Act for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act also becomes a means to facilitate other crimes against many and unspecified persons, such as Bosing, etc. The access media that the Defendant acquired was actually used for the crime of fraudulent lending for a long time, and the Defendant appears to have committed the instant crime even with the clear recognition of illegality.

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