logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.01.31 2017고단1362
전자금융거래법위반
Text

Defendant on April 7, 2013, the Supreme Court Decision 2005Da11445, May 11, 2013, which held that Defendant was punished by imprisonment with labor for a violation of the Electronic Financial Transactions Act.

Reasons

Punishment of the crime

[criminal records] On April 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on April 13, 2013 for the registration of loan business, etc. and the violation of the Financial Users Protection Act in the Seo-gu District Court Branch Branch.

[Criminal facts] No person shall transfer or acquire access media unless otherwise specifically provided for in other Acts in using and managing access media.

Nevertheless, on April 7, 2013, the Defendant promised to receive one million won per head of the Tong in return for contact with the needy who posted an Internet advertisement letter to purchase the passbook at the beginning of the beginning of the year, and to transfer the passbook. On April 7, 2013, the Defendant sent the passbook, cash card, password,OTP, and the USB in which the official stamp was stored to a male, and received 700,000 won in cash in return for such communication. On May 11, 2013, the Defendant sent the passbook, cash card, and password to a male, under the name of the Defendant, and received 7 million won in cash in return for the communication of the passbook, cash card, and password to a male, under the name of the Defendant.

Accordingly, the Defendant transferred the access media over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinion of the relevant case, which is the proviso to investigation, an application for account transaction;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of confirmation of a final judgment around the time of crime), inquiry of the case, and application of the text of the judgment;

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39(1) (limited to a violation of the Electronic Financial Transactions Act and the registration of loan business, etc. as stated in the judgment, and a violation of the Protection of Financial Users Act on April 7, 2013);

1. Article 62(1) of the Criminal Act of the suspended execution (the defendant's violation of each of the crimes in this case while being committed, and some of the crimes can be tried together with the registration of loan business, etc. in the judgment, and the violation of the Financial Users Protection Act.

arrow