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(영문) 수원지방법원 2018.06.07 2018고단2301
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

1. On November 15, 2017, the Defendant accepted a proposal from a post office located in Mancheon-dong, Suwon-gu, Suwon-si, by accepting a proposal from a person whose name the operation of an illegal private sports soil site is unknown, to offer KRW 2 million per week from the transfer of the account. On the other hand, the Defendant sent a physical card (Account Number: (Account Number) and one OTP card, which is a access medium of the bank deposit account in the name of the Defendant, to a person whose name is unknown by using a new bank deposit account (Account Number: B), and notified the account number and password by telephone.

2. On November 28, 2017, the Defendant accepted a proposal to offer KRW 2,00,000 per each account from a person who was unable to know his/her name to operate an illegal private sports earth site in front of Suwon-si, Suwon-si, and sent a physical card (Account Number:D) and one OTP card to a person whose name is unknown by using the Defendant’s name’s bank account (Account Number). On the other hand, the Defendant informed the account number and password by telephone.

Accordingly, the defendant transferred access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a protocol of statement by the prosecution concerning the list;

1. The Kakao Stockholm screen;

1. Investigation reports (on-site situations, etc.);

1. A statement of investigation report (investigation into attaching a detailed statement of deposits and withdrawals from the new bank and the Korean bank account), a new bank under the name A, and a statement of deposits and withdrawals from the Korean bank account;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of suspects);

1. Article 49 (4) 1, Article 6 (3) 1, and Article 2 subparagraph 10 of the Act on Electronic Financial Transactions concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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