logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.10.10 2019고단2296
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 25, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act, etc. in the extension support of the District Court, and the judgment became final and conclusive on May 3, 2019.

The Defendant is a person who used the name “B” prior to the opening of a name, and was engaged in activities as a solicitation of a passbook using the name “C”.

In using and managing a means of access, no one shall transfer or acquire a means of access, nor arrange such transfer or acquisition, unless otherwise specifically provided for in any other Act.

On January 2017, the Defendant received KRW 500,000 per account from D, which is the total book-keeping of a large passbook seller, and arranged the transfer or transfer of a means of access connected to 18 accounts by April 2018, including transfer of passbooks, physical cards, OTP cards, and passwords connected to three accounts of the National Bank in the name of the F-based limited-liability corporation established by the Defendant’s mother, which is established by E (G, H, I).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of L, D, or M;

1. A report on investigation (related to investigation of suspected evidentiary materials);

1. Previous records of judgment: Application of inquiry results, written judgments, and the statutes governing the list of related cases;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1, 6(3)1 (a) of the Electronic Financial Transactions Act (in cases of transfer of access media), Articles 49(4)4 and 6(3)5 of the Electronic Financial Transactions Act (in cases of transfer of access media), and the selection of imprisonment for each sentence;

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 means of access is directly used with knowledge that the means of access has been taken over in a large amount of reason for sentencing under Article 62-2 of the Social Service Order Act.

arrow