logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.10.25 2013고단3373
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2012, the Defendant transferred to “G” four passbooks, a means of access, such as a member bank account (C), a bank account (D), a new bank account (E), and an enterprise bank account (F), and a physical check card, etc., which are the means of access established in the name of the Defendant in front of the branch office of the Dong-gu Central Bank of Korea, Ansan-si.

2. On December 14, 2012, the Defendant transferred the passbook and physical check, which are the means of access to the Nonghyup Bank account (H) opened in his/her own name, to a person who resides in Daejeon on an express bus bus line, and transferred the passbook and physical check to such person.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the accused by the prosecution (including copies thereof);

1. A copy of the I;

1. Determination as to the defendant's assertion on the criminal facts of the investigation report (verification, such as the date of issuance of the personal bank card in the name of the suspect)

1. The Defendant’s assertion and the key issue asserted that G merely without permission bring the means of access as stated in paragraph (1) of the crime, and that there was no objection to transfer.

The “suspect” ought to be determined by comprehensively taking account of the indirect facts before and after the crime that has a substantial relation with the above, and based on normal empirical rule, reasonable determination of the link of facts by means of a thorough observation or analysis power.

2. The following facts are acknowledged according to the evidence submitted by the Prosecutor of the Fact-finding findings.

(1) The defendant who has engaged in the business with G and thereafter has promised to transfer his/her account two to that end.

② On November 22, 2012, the Defendant either joined an Internet banking account or issued a e-mail card with respect to the deposit account as stated in paragraph (1) of the crime, and all of the means of access was placed on G vehicles. In this case, the Defendant informed G of all of the passwords of the deposit account.

③ On November 22, 2012, the Defendant issued a check to the national bank account indicated in paragraph (1) of the crime, and on November 22, 2012, the following day.

arrow