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(영문) 수원지방법원 안산지원 2013.10.31 2013고단2207
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, by establishing a company from the Buddhist, proposed to offer money to the name of the company and to send cash cards to a limited liability company, by establishing a limited liability company(s)B and C(s) and opened an account under the name of the said company, and had the passbook and cash cards raised to the needy.

1. At around 17:00 on April 1, 2013, the Defendant: (a) received three million won from a person who was unaware of his/her name; and (b) transferred to him/her a national bank, a post office, a bank, a new bank account passbook 16 and a cash card 16 (including a password) as indicated in the list of crimes (1).

2. On April 5, 2013, around 17:00, the Defendant transferred to him the cash card (including passwords) and 18 (including passwords) of the bank account opened by himself, as indicated in the list of crimes (B), C, IB, IB, IB, IB, and IB, a bank account opened by himself, and a bank account opened by himself.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the message, notification of payment suspension, specification of details of transactions, search, seizure and verification warrant, response to requests for provision of financial transaction information, and reports on investigation;

1. Application of statutes concerning criminal records;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although there are circumstances unfavorable to the defendant, such as the total number of bankbooks and cash cards transferred through each of the crimes in this case under Article 62(1) of the Criminal Act, and the method and result of each of the crimes in this case, etc., the nature of the crime and the crime are very serious. However, there is no difference between the defendant and the defendant, and the defendant has a depth of his mistake, and the social relation of the defendant is obvious.

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