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(영문) 수원지방법원 2018.11.16 2018고정1358
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

Nevertheless, the Defendant would offer from around February 2017 the amount equivalent to 1% of the sales on the face of transfer by opening an account under the name of the corporation.

“After receiving the proposal and accepting it, at the same time, IBK bank account (D) in the name of C in the number of original points located in Suwon-si, Suwon-si, and on February 24, 2017, after adding “to travel assistance and reservation service business” to the business types of the Defendant’s business operated by the Defendant under the direction of B, and then opening the IBK Bank account in the name of C.

On February 25, 2017, the Defendant, at the F Office of Co., Ltd. located in Ansan-si, Nowon-gu, Dongsan-si, opened a passbook, cash card, OTP card and password, which are access media connected to the above account, to G.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Copy of the protocol concerning the examination of suspect of the police in G;

1. Provision of a warrant of search and inspection of seizure of an enterprise bank - Execution reply of the warrant of search and inspection of the enterprise bank - the main text (Evidence List 46) and C Account Transaction Details

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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