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(영문) 대구지방법원 서부지원 2019.02.20 2018고단2784
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person of "2018 Highest 2784" shall transfer the means of access to electronic financial transactions.

On July 31, 2018, the Defendant listened to the speech that “the Defendant would pay KRW 3 million to a person whose name is unknown” by telephone from a person whose name is unknown, without securing at all the means of guaranteeing the right to receive the check at around 14:00 on the same day, the Defendant sent the check card connected to the BB bank account (C) in the name of the Defendant at the address of the person whose name is unknown, and without securing at all the means of guaranteeing the right to receive the check at around 14:00 on the same day.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.

No person of "2018 Highest 3412" shall transfer the means of access to electronic financial transactions.

On August 1, 2018, the Defendant listened to the horses that “on the face of sending a e-mail card, would pay a fee.” On the same day, the Defendant sent a e-mail card connected to the F Bank Account (G) in the name of the Defendant at the E-office located in Daegu-gu, Daegu-gu, without securing any means of ensuring that the e-mail card can be returned at around 12:00 on the same day, and notified the password of the e-mail card.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.

Summary of Evidence

"2018 Highest 2784"

1. Defendant's legal statement;

1. The police statement of H;

1. The certificate of transfer, etc. and the data related to the account "2018 Highest 3412";

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the family relation certificate, transfer receipt, etc., and specification of transactions of the F Bank Account;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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