logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2014.04.24 2014고정368
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall transfer any means of access used in electronic financial transactions.

Nevertheless, the Defendant received a proposal from a person whose name was known through the Internet to offer 200,000 won per head of the Tong if he/she transferred the passbook to another person, and consented thereto. At around 11:00 on May 16, 2013, the Defendant opened two accounts in the name of the Defendant at the Nonghyup-si branch of Sungnam-si, Seoul Special Metropolitan City (C.D.) and transferred the means of access for electronic financial transactions by acquiring a total of KRW 400,000,000 from the distance near such Taeyeong-si on the same day to a person whose name is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, G, H, I, J, K, and L;

1. Each written petition;

1. Application of the Acts and subordinate statutes to reply materials and response materials (connection);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment: Selection of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) the head of a passbook transferred to another person or a person who has no name is used as a tentatively named passbook, which is a means of crime such as scam, Internet fraud, illegal gambling, etc.; (b) there is a significant negative impact on our society on the occurrence of multiple victims; (c) the head of a passbook transferred by the Defendant actually used for the commission of goods fraud using the Internet; (d) the Defendant received KRW 400,00 in return for the transfer of the head of a passbook; and (c) other conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime.

arrow