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(영문) 창원지방법원 2018.10.11 2018고단2092
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one 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, unless otherwise specifically provided for in other Acts.

Nevertheless, on May 20, 2017, the Defendant would offer KRW 300,00 won per one head of the Tong, if the Defendant opened a bank name in the name of the corporation, at a place where the place of the window of Changwon-si cannot be known, through a telegram, in which the name of purchasing the passbook cannot be known.

“A corporation incorporated “B” as the representative of the Defendant on May 23, 2017, and around June 5, 2017. Around June 5, 2017, the Plaintiff opened the agricultural cooperative account in the name of the said corporation C, the agricultural cooperative account in the name of the said corporation around September, 2017, and the agricultural cooperative account in the name of the said corporation around September, 2017, and after opening the agricultural cooperative E account in the name of the said corporation, on June 13, 2017, the male who was unable to know his name on the first floor of the window F of Changwon-si, Changwon-si, the name of the said corporation B, and the two (C, E, and the 90,000 won, after transferring the passbook, password, physical card, and password in the name of the said corporation.

Accordingly, the Defendant received the above method in return for KRW 900,000 and transferred the above approach media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Documents and written statements of G;

1. An investigation report (in addition to an application for opening a bank account under B);

1. Application of Acts and subordinate statutes to the specifications of transactions automatically made in cash, applications for transactions, business registration certificates, and financial transaction statements;

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 (see, e.g., the fact that the defendant has no particular criminal record, the defendant has committed a confession with his depth, and the defendant has not great profits from the crime of this case);

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