logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.05.16 2018고단444
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 expressly provided for in any other Act, no person of 2018 shall transfer any access medium to the use and management of the access medium.

Nevertheless, on February 2, 2017, the Defendant transferred a passbook, OTP card, debit card, etc. connected to the company bank account (B) in the name of the Defendant to the non-party in front of the cross-country bus terminal located within 30-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City.

Except as otherwise expressly provided for in any other Act, no person of "2018 Highest 738" shall transfer any access medium to another person.

Nevertheless, from March 2017 to April 2017, the Defendant heard the statement to the effect that “the Defendant opened a passbook in the name of a limited company D and opened a passbook in the name of a limited company D” from friendly C from around 2017 to April 2017, and transferred cash cards, passwords, etc. connected to the bank account (Account Number: E) of the limited company D in front of the mutual infinite-dong, Busan Metropolitan City.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiry into the results of transfer, an application for account transaction, details of account, etc. (the fact under subparagraph 2 of the judgment);

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (providing financial transaction information and attaching certificates of deposit transaction records);

1. Relevant Article of the Act and Articles 49 (4) 1 and 6 (3) 1 (a point of transfer of access media) of the Act on the Electronic Financial Transactions and the Selection of Imprisonment with prison labor for the crime;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the crime of violating the Electronic Financial Transactions Act due to the transfer of access media connected with the account of a limited company D with a more severe penalty) ;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant himself.

arrow