logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.11.08 2017고단1907
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

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.

On April 24, 2017, the defendant operated a home-to-house gambling site from a person who is in a name-to-door and requires a physical card to be used by the company.

When sending two physical cards under the name of the party, the internal bank deposited money deposited in the physical card under the name of the company into the company bank account under the name of the party. It was offered that the bank will pay 5% of the amount deposited in the physical card under the name of the company. It was offered that the bank account in the name of the party would be paid for the above 14:00 on the same day, and one physical card linked to the bank account in the name of the defendant in the name of the defendant in the vicinity of the defendant in Busan-gun, Busan-gun, Busan-gun, from around 14:00 on the same day, was delivered through Kwikset, through Kwikset service, to the non-person in whose name the personal card is linked to the bank account in the name of the defendant in the name of the defendant and the corporate bank account (Account number:C).

Accordingly, the Defendant transferred each of the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to the details of transfer, currency details, personal financial transactions, telephone conversations details, each response data, investigation reports (verification of subscriber information), data on account of an enterprise bank and a new bank bank account details, verification cards (inwards, receipts), transaction statements, etc. of new bank replies, notification of data on enterprise banks, internal investigation reports (verification of the point at which access is opened), and report on internal investigation (verification of the phone number);

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The instant case’s reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

arrow