logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.10.12 2017고단999
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On April 19, 2016, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Game Industry Promotion Act at the Militarysan Branch of the Jeonju District Court, and the judgment was finalized on the 27th of the same month.

[Criminal facts] No person may transfer access media to another person in using and managing access media.

1. On June 2015, the Defendant received KRW 100,000 from the person infinite in front of the convenience store near Geumjin-gu, Geumdong-gu, Seoul Special Self-Governing Party, and transferred cash cards and OTP (Security Cards) connected to two financial accounts in the name of the limited company B (C, the National Bank D), the representative of which is the Defendant, to the person infinite, a cash card and an access medium, each of which is linked to two accounts in the name of the limited company B (C, the National Bank D).

2. On August 2015, the Defendant filed a motion with the Prosecutor for changes in indictment with the contents of changing the date and time of the crime as above at the third trial date, and this Court permitted this.

In the above high-speed bus tunnel, one million won was received from the person in secret name, and the defendant transferred the cash card and the OTP (security card) connected to three financial accounts in the name of the limited company E, the representative of which is the defendant, to the person in secret name.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Specified financial transaction information;

1. Details of transactions of each transfer account;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal history (report attaching criminal suspects' judgments);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on the Electronic Financial Transactions in the Judgment No. 1 and between violations of the Act on the Electronic Financial Transactions in the Decision No. 2);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the term of offense heavier than that of August 2015) for the aggravated concurrent crimes.

arrow