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(영문) 수원지방법원 2017.11.20 2017고단5553
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

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

1. On July 2016, the Defendant: (a) opened an account with the establishment of a corporation; (b) opened a limited liability company (business operator registration number E) through the legal history; and (c) transferred the passbook, OPT card, and password, linked to the name-oriented bank F account in the name of the said company, to the non-known person in the Suwon-si Park Park, which was located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, on October 2016.

2. On December 2016, the Defendant: (a) opened an additional account with the knowledge that the e-mail card that the Defendant transferred to a person without his name before being used for the commission of phishing; (b) opened a limited company G (registration number H) through a certified judicial scrivener with the intent to use the account; and (c) sent the e-mail card, OPT card, password, and password connected to the NAJ account in the Defendant’s residence at the end of December 2016, the Defendant sent the e-mail card, OPT card, and password, which are linked to the NAJ account under the name of the said limited company G, to the above person without his name, via Kwikset service articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to K and L;

1. The detailed statement of deposit and withdrawal, details of transaction in the Nonghyup Bank, personal information of the Nonghyup Bank, investigation report (verification of the date of establishment of a company G with limited liability), statement of transaction in the automatic deposit period, details of transaction in the Gwangju Bank, details of request for investigation cooperation, application of the Acts and subordinate statutes of the Gwangju Bank

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing of Article 62(1) of the Criminal Act is the transfer of the access media under the Electronic Financial Transactions Act.

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