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(영문) 전주지방법원 2018.03.26 2018고단186
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

1. On September 2015, the Defendant listened to the word “B” from a person in unsound name, who is called “B” to “B, to obtain a loan to help establish a legal entity and operate a business, and to request the account to receive the fee.” On September 2015, the Defendant transferred one passbook and one physical card connected to two (F, G), each of which is represented by the Defendant’s representative, to a company bank account in the name of a limited company C (D), post office account (E), and two (F, G).

2. The Defendant listens to the foregoing remarks from the above person in the name of the deceased, and transferred each head of each Tong and e-mail card connected to 2 (K and L) accounts in the name of the Defendant from September 1 to October 2015 to 30, 2015, to the name in the name of the deceased, each of whom is linked to H accounts in the name of the limited company that is represented by the Defendant, H accounts in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Copy of each police examination protocol concerning M;

1. A criminal investigation report (a copy of the transaction ledger in the presidential passbook);

1. Application of Acts and subordinate statutes to a report on the results of investigation (Evidence List 76);

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 Commercial Competition Criminal Act [Inter-sections of violation of the Electronic Financial Transactions Act due to the transfer of electronic financial transaction access media connected to the account of the company bank, post office, and the agricultural cooperative (G) as indicated in the judgment, and inter-sections of violation of the Electronic Financial Transactions Act due to the transfer of electronic financial transaction access media connected to the account of the agricultural cooperative as listed in subparagraph 2 of the judgment];

1. Selection of each sentence of imprisonment;

1. The act of arbitrarily transferring the medium of access to electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act is highly likely to infringe on the reliability of the safety performance of electronic financial transactions and cause secondary damage as used in the crime.

In addition, the defendant establishes two corporations for the purpose of abnormal loans, and then establishes the name of the corporation.

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