logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.11 2017고단196
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Electronic Financial Transactions Act at the Changwon District Court on March 22, 2017, which became final and conclusive on March 22, 2017.

[2] Except as otherwise provided for in other Acts and subordinate statutes, no person shall transfer any access medium used to guarantee the authenticity and accuracy of users and transaction details in electronic financial transactions.

Nevertheless, on February 2016, the Defendant reported a text message advertisement to the effect that “I will transfer the passbook” on the front of the D window in Changwon-si, Changwon-si, and that “I will transfer the passbook” was 300,000 won to the person who was in the name of the deceased and the Defendant opened in the name of the company E with limited liability by receiving KRW 30,000,000,000 from the address of the bank account, physical card,OTP, and official certificate.

No person of "2017 high group 728" shall transfer or acquire any access medium for electronic financial transactions.

On December 2, 2014, the Defendant promised to receive KRW 900,000,000 from a person who has no name in front of “H” in the window G of Chang-si, Chang-si on the condition that he would transfer the account in accordance with the proposal, and then, the Defendant promised to receive a total of KRW 9,000,000 from a person who has no name, and then issued a accessible medium, such as physical cards, passwords, etc. connected to the Defendant’s account (J) in the name of the limited company I established by the Defendant as the representative, to deliver it to the above person who has no name.

Accordingly, the Defendant transferred each access medium.

Summary of Evidence

"2017 Highest 196"

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Inquiry into the results of the transfer to the Korean bank;

1. Previous convictions in judgment: Copies of the text of the judgment, and copies of the search of integrated cases, "28 high-class 2017 high-class 728;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of details of account transactions);

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

1. The Commercial Concurrent Crimes Act.

arrow