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(영문) 전주지방법원 2015.12.24 2015고단1796
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, at around 16:30 on May 12, 2015, the Defendant received a proposal from an unsatisfyer in the name of the Party C operated by the Defendant, stating, “The head of the Tong who is scheduled to use for the money laundering of sports soil” by telephone from an unsatisfyer in the name of this title, and accepted it, and then delivered the physical card of the Defendant’s name-related D Account to the above unsatisfyer through Kwikset service article.

On the other hand, the name and poorer of the international financial fraud criminal organization under the Bosing Act would create a transaction performance for obtaining a loan from E around May 11, 2015, and then receive KRW 1.4 million from E to the above credit cooperative account that the Defendant lent as above.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A written petition;

1. Application of the Acts and subordinate statutes governing the financial data gathering;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. It is necessary to strictly punish the means of electronic financial transactions as it undermines the stability and reliability of electronic financial transactions and it can be abused for other crimes such as scaming fraud, etc. In fact, in light of the fact that the victim of the fraudulent crime has occurred through the means of access leased by the defendant, and that the number of winners of the name has been proposed.

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