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(영문) 창원지방법원 2018.07.18 2018고단1249
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. Except as otherwise expressly provided for in other Acts and subordinate statutes, no person who transfers any access medium under the name of a limited company B shall transfer such medium or lend any access medium while offering, receiving, demanding or promising the price therefor;

However, on August 2016, the Defendant transferred the e-mail card, passbook, and password connected to the Nong Bank (C) account opened in the name of the Nong Bank (C) under the name of a limited company C upon the solicitation of the Defendant around 2016, but the said account was suspended, upon the C’s request to newly open the Nong Bank account. On November 201, 2016, the Defendant sent the e-mail card, passbook, and password connected to the Nong Bank account (C) opened in the name of the limited company B in the name of the non-party B (E) at the Changwon-si Special Metropolitan City, Changwon-si.

Accordingly, the defendant transferred the access media to the defendant.

2. Except as otherwise expressly provided for in other Acts and subordinate statutes, no person who transfers access media in the name of the company with limited liability to the use and management of such media shall transfer such media or lend such media to another person while offering, receiving, demanding or promising the consideration therefor;

At this end, C, a corporation established more than one of the other corporations on December 2, 2016, with the account, etc. opened in the name of the corporation, and he/she received the loan more and more.

In other words, after accepting this, the Defendant, established a limited company F in its own name, and opened in the name of the limited company F in the name of the company F in the name of the Sinsan-si of Changwon-si, the Defendant sent cash cards, passbooks, and passwords to C, respectively, connected to the c (number : G), the new bank account (H) and the Nong Bank account (H: I).

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Answer to a written request for financial transaction information;

1. Data including an application form for opening an account;

1. Application of Acts and subordinate statutes on the deposit and withdrawal of accounts under the name of a corporation;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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