logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.05.09 2019고단627
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall transfer a means of access under the Electronic Financial Transactions Act.

Nevertheless, around March 22, 2018, the Defendant received a proposal from a person who is not related to his name to create a passbook connected to the corporate account in Gangdong-gu Seoul, Gangdong-gu, Seoul, to help him to operate the clothing business, and accepted it, and then registered as a business operator of B of the corporation. On March 30, 2018, the Defendant opened a Cbank account in the name of the said corporation at a non-bank near the Gangnam-gu, Seoul, Gangnam-gu, Seoul, at a point near the Gangnam-gu, Gangnam-gu, Seoul, in the name of the said corporation.

On the same day, the defendant, at the office of the fifth floor of the building in Gangdong-gu Seoul Metropolitan Government, had the head of the Tong, e-mail card, and otp card connected to the account opened as above in accordance with the direction of the person who has failed to receive the name, and brought it back to the person who has failed to receive the name.

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning transaction details of accounts B;

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 Competition;

1. Selection of an alternative fine for punishment;

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

1. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access can be used for the crime, the fact that the Defendant established a false corporation and transferred the means of access, and that the means of access transferred by the Defendant was used for the crime of licensing is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, the fact that there is no record of criminal punishment, etc.

The age, character and conduct, family relationship, and family relationship of the defendant.

arrow