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(영문) 수원지방법원 안산지원 2018.01.17 2017고단3415
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, on January 25, 2016, the Defendant accepted a proposal from a person without a name that he/she had become aware of and contacted an Internet loan advertisement to the Defendant, stating that “When opening a bank account with the representative director of a corporation, and then transferring the passbook, e-mail card, andOTP connected to the account, he/she will give a loan.” On February 25, 2016, the Defendant applied for registration of a change in the name of the representative director of the corporation B to the Defendant at the Changwon District Court, Seoul Special Metropolitan City Office, which was located on the 39-ro, Yongsan-si, Seocheon-si, the Defendant became the representative director of the said corporation.

2. 2. Around Busan East Bank, No. 98-ro 28, Dongdong-gu, Busan, issued a passbook, cash card, and OTP connected to the above company name No. 3 (Account Number C), and then sent to Kwikset service article who sent the name in front of the above bank, after re-issuance of passbook, cash card and OTP.

In addition, the defendant from that time to that year.

7. From the date of September 29, as listed in the annexed List of Offenses, each of the above-mentioned approaches was transferred four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a bank transaction application ( Busan Bank), each written confirmation of purpose of financial transaction, an application for transaction (Korean bank), a copy of business registration certificate, a certificate of all registered matters (including the last part of the lawsuit), an application for deposit transaction (including the last part of the lawsuit), a certificate of deposit transaction by member account, a detailed statement of deposit transaction, a statement of account transaction in Busan Bank B account, an inquiry of customer personal information, and a certificate of deposit transaction records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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