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(영문) 수원지방법원 평택지원 2014.11.26 2014고정701
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On July 18, 2013, the Defendant: (a) on July 18, 2013, transferred three bankbooks, three cash cards, three Internet banking cards, 200,000 won from the person who was not the name, and transferred to the person who was not the name. (b) On July 18, 2013, three Busan Bank accounts (C, D, E) in the name of the agent at the Busan Bank's sub-dong branch located in Jung-dong 259-4, Jung-gu, Busan Metropolitan City.

"2014 Highly 704"

1. On May 10, 2013, the Defendant opened one bank account (G) in the name of limited company F at the sub-office of Hancheon-si, Hancheon-si branch in Songpa-gu, Seoul. On the same day, the Defendant opened the Agricultural Bank account in the name of the said company at the Newcheon-dong, Songpa-gu, Seoul. On the same day, around 17:00 of the same day, transferred one passbook of the said account and one password of the said account to the person under whose name the account was named.

2. During the period around Jun. 9, 2013, the Defendant opened an account in the name of Han Bank (J) under the name of Han Bank (J) at the Bupyeong-gu Han Bank’s ordinary village branch in Ansan-si, and transferred one passbook of the above account and one password of the above passbook to a person under whose name the account was named, in the street near the Yong-gu, Seocheon-gu. on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. A copy of each police statement concerning L/M;

1. Requests for the provision of communications data;

1. Application of respective Acts and subordinate statutes on response to financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;

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