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(영문) 전주지방법원 2018.08.30 2018고단1297
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 23, 2017, the Defendant transferred two accessible media by putting up each physical card and password connected to the bank account (Account Number: C) and the Suhyup account (Account Number: D) opened in the name of the company with limited liability in the vicinity of 101 unit of Yansan-gu Pungsan-si, Busan-si, Seoul-si, Seoul-si, the Defendant transferred two accessible media.

2. On July 5, 2017, the Defendant transferred the access media by putting the physical card and its password connected to the corporate bank account (Account Number: E) opened in the name of the company with limited liability at the above location.

3. On August 2017, the Defendant transferred access media by putting a physical card connected to the National Bank account (Account Number:F) opened in the name of a limited company B and its password at the same place as above.

4. Around November 2017, the Defendant transferred access media by putting a physical card connected to the Agricultural Cooperative Account (Account Number: G) opened in the name of a limited company B and its password at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation reports (related to replies to financial transaction information);

1. Application of Acts and subordinate statutes to investigation reports (related to the verification of the authenticity of opening a deposit account of damaged gold, details of transactions, etc.);

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 Concurrent Crimes (only between violations of the Electronic Financial Transactions Act referred to in subparagraph 1 of the judgment);

1. Selection of each sentence of imprisonment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the Defendant established a so-called so-called old-age corporation in order to obtain abnormal loans, opened an account in the name of the corporation, and transferred the access media connected thereto. The number of access media that have been transferred through the repeated act of transfer was conducted may be multiple.

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