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(영문) 창원지방법원 2019.07.11 2019고단1478
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or transfer or acquire any means of access used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on November 8, 2011, the Defendant: (a) received a proposal from “B” to “B, who was aware of the fact that he was travelling on a tripd in China, and was in need of an account to be used for export in China; (b) to receive money from the account; (c) and (d) visited the E Bank's Changwon-gu branch office located in Sungwon-si, Changwon-si; and (d) opened one new bank account with “B”, respectively, around February 8, 2012, after visiting the E Bank's Changwon-si, Changwon-si, Changwon-si, a high school.

1. Around 12:00 on February 8, 2012, the Defendant received cash cards, etc. connected to the E Bank account (F) in the name of E Bank account (hereinafter “E Bank Account”) established by the E Bank from the said E Bank on the same day.

Accordingly, the Defendant acquired the means of electronic financial transactions.

2. The Defendant in violation of the Electronic Financial Transactions Act (transfer of access media) left China on February 12, 2012 and left China on February 12, 2012, at a main point where, around 21:00 of the same day, it is impossible to identify the name at the time of danger and injury to China, such account in the name of the above C (F) and the cash card, etc. connected to the Defendant’s E-bank account (G) opened by the Defendant around February 8, 2012.

Accordingly, the Defendant transferred the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Opening of a financial account book;

1. Application of Acts and subordinate statutes on details of transactions in each account and application for opening an account;

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

1. It is caused by the transfer of the means of access under Articles 40 and 50 of the Criminal Code.

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