logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.12.09 2013고정5358
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no person shall transfer or acquire the means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, B is offered that if B accepts a request to create a "alternative passbook" due to a name-free statement from a person who has not entered into the name, it will receive KRW 500,000 per head of the Tong, and then C will pay KRW 400,000 per head of the Tong if it is made to C, and C will pay KRW 20,000 per head of the Tong if it is made to Defendant A after accepting it. The Defendant A decided to transfer and take over the passbook by accepting it.

Defendant

A around February 20, 2013, in front of the New Zealand-dong, Busan, the head of the national bank account (Account Number D) and its cash card in the name of the defendant, received KRW 200,000,000 from C, and C received KRW 40,000,000 from B in the street near the bus stops located in the city bus stops in the Seo-gu, Busan. And B received KRW 50,000,000 for the above head of the bus stop in the name of the defendant.

Accordingly, the Defendant transferred or acquired the means of access by financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning C and B;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

arrow