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(영문) 대전지방법원 2018.03.29 2017고단4615
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

On July 5, 2017, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Electronic Financial Transactions Act, etc. at the Daejeon District Court on October 5, 2017, and the said judgment became final and conclusive on November 17, 2017.

No person shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

On March 17, 2016, the Defendant: (a) received a proposal from a person who was infinite name and transferred the corporate account; and (b) received a proposal from the Defendant on March 17, 2016, the Defendant transferred a post office account in the name of the company director in the name of the company in the name of the company in charge of the settlement of accounts; (c) a passbook, cash card, and an OTP card in the new bank account (G) in the name of the company in the name of the company in charge of the settlement of accounts; and (d) a new bank account in the name of the company in the name of the company in charge of the company in charge of the settlement of accounts; and (e) transferred the access medium in the following manner four times in total, as indicated in the daily list.

No. 1 The summary of the evidence of the Korean Bank (J) on June 1, 2016, around March 201, 2016, the name of the bank at once (Account Number) No. 1, 2016, a new bank (G) located in the post office (F) (G) around March 20, 2016, No. 3135, Apr. 21, 2016;

1. Statement by the defendant in court;

1. Investigation report (as to the confirmation of the point at which an account to use the crime is opened), investigation report (as to the application for registration of establishment of E), and a copy of the application therefor);

1. An application form for opening an account (E) and a copy of the application for registration of incorporation;

1. Previous convictions of judgment: Reporting of previous convictions and results of confirmation, and the application of statutes governing the judgment;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Suspension of execution;

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