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(영문) 전주지방법원 2013.05.09 2012고단901 (3)
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2012 Highest 901]

1. No person shall transfer or acquire a means of access, except as otherwise expressly provided for in any other Act, in using and managing the means of access, such as an electronic card or other electronic information equivalent thereto used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, digital signature creating key and certificates, digital signature creating key and certificates, user numbers registered with an electronic financial institution or electronic financial business operator, user personal information, means or passwords necessary for using the user's living

However, B: (a) it is difficult for C to have the victims commit an act of cryping a “scam” under the name of a police, prosecutor, or financial institution by falsely accessing the call center in China, through telephone or Internet site to the domestic people at the call center in the Chinese territory, thereby leading the victims to a loan brokerage, personal information leakage, Internet goods sale, etc.; and (b) it is a character that the victims transfer money to the large passbook; and (c) it was intended for C to raise a call passbook used in criminal acts, such as telephone financial fraud, etc., or to directly establish a bank account by directly lending the name of a juristic person or individual, and to transfer it in return for payment to the above criminal organization.

Accordingly, C/B is a single-use book, and C/B purchases relevant documents, such as the certified transcript of corporate register and the certificate of corporate seal impression necessary for the establishment of a new legal entity, or prepares and provides them with the articles of incorporation and the certificate of corporate seal impression necessary for the establishment of a new legal entity under the name of the old legal entity, and B, as seen above, shall have the corporate data obtained from C/C to the intermediate management books, such as D/ E, and D/E return to each of the above corporate institutions together with F, G, H, I, J, K, L, and the Defendant, which are one action books.

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