logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.10.27 2016고단2938
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to a suspended sentence of two years for the six months of imprisonment for aiding and abetting a violation of the National Sports Promotion Act at the Cheongju District Court on April 7, 2016, and such judgment became final and conclusive on April 15, 2016.

No one shall transfer or acquire any means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of such transaction with users and other persons unless otherwise specifically provided for in other Acts.

On March 2015, the Defendant received a total of 16 accounts and cash cards, etc. connected to each account from 30 to 500,000 won per account in the name of a limited liability company established by the Defendant, and transferred to a person whose name is unknown after receiving 30 to 500,000 won per account in the name of a limited liability company C established by the Defendant, and from August 2015, the Defendant received a total of 16 accounts and cash cards, etc. connected to each account from 30 to 500,000 won per account, and transferred the means of access to nameless persons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each application form for bank transactions, each F Bank transaction, each of the C transaction details, and each of the F transaction details;

1. Previous records of judgment: Application of Acts and subordinate statutes entered in criminal records, inquiry reports and investigation reports;

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 ( mutually between violations of each Electronic Financial Transaction Act by each date of crime);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is the defendant's sale of passbooks.

arrow