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(영문) 부산지방법원 2017.11.16 2017고정303
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On August 11, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Electronic Financial Transactions Act at the Busan District Court on August 11, 2016, and the said judgment became final and conclusive on August 19, 2016.

The Defendant, together with B, opened a passbook in the name of a juristic person without substance and conspired to sell it to an organization operating an illegal sports soil site.

On June 3, 2015, the Defendant: (a) opened an enterprise bank account (E) in the name of the company D (Representative C) located at the same branch of the company located in the Geum-gu, Busan, as an agent at a restaurant where it is impossible to identify the trade name located in the Busan, Busan, the Defendant issued B the passbook, cash card, password, etc. from the above account to B, and received KRW 50,000 in cash, after issuing the passbook, cash card, password, etc. at the same day from the discharge.

As a result, the Defendant, in collusion with B, kept, delivered, and distributed access media with the knowledge that it will be used for a crime or committed.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspect of each police officer against C or F;

1. Notice of data on current status of financial transactions, power of attorney, etc. (not more than 291 pages of investigation records);

1. Previous records: Results of search of each case, and application of Acts and subordinate statutes of each judgment;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act 2, and Article 6 (3) 3 of the same Act, Article 30 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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