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(영문) 수원지방법원 2018.07.20 2018고단1932
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

On August 30, 2016, the Defendant: (a) withdrawn the money deposited in the Defendant’s account in accordance with the instructions of the person without name; (b) was investigated on the suspicion of false fraud to the person without name; and (c) was investigated on the suspicion of violating the Electronic Financial Transactions Act, which transferred the access media to the person without name, and received dispositions on February 27, 2017 (Evidence). Therefore, the Defendant was fully aware that the transfer of his access media to another person is subject to punishment.

Nevertheless, on December 12, 2017, the Defendant sent a physical card from the person who was influence of his name in front of the Hosung-si B in the name of the deceased.

It is intended to provide a loan by piling up the performance of trading at the face of the week.

“In hearing the word “,” and through Kwikset Service, one physical card, which is an access medium to the KB National Bank Account (C) in the name of the Defendant, was sent to the name Buddhist person and the account number and password.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copies of photographs of details of gold account transactions; and

1. A printed copy of the certificate of electronic financial transfer;

1. Application of Acts and subordinate statutes, such as the details of deposits and withdrawal;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (1) 1 and Article 6 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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