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(영문) 수원지방법원 2014.05.28 2014고단1320
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

No person shall transfer a means of access used in electronic financial transactions.

Nevertheless, although the fact that D does not operate a company or delegated the establishment of a company, it is suggested that the corporation was established and registered as the representative director using a certified copy of another person's resident registration and a certificate of personal seal acquired by improper means as if it actually operated the company, and that it was intended to pay compensation if it was established with a false corporation and opened an account under the name of the corporation, which is the means of access, with the intent of opening an account under the name of the corporation using it, and selling cash cards, which are the means of access connected thereto, to the Defendant as if they were delegated to the Defendant.

In response to the proposal, if D falsely prepares and provides documents necessary for the establishment of a corporation, the Defendant opened an account in the name of the corporation after completing the registration of the business operator and the registration of the corporation, and delivered the cash card connected thereto to D, and D shared the role by transferring it in return for payment to the under-paid persons, and conspired to divide the profits.

Accordingly, around July 24, 2013, in the vicinity of the subway Station located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, the Defendant transferred to D two copies of passbook 2, cash card 2, and passwords, which are the means of access connected to AW accounts (AX, AY) in the name of the limited company, to D, and transferred D in an irregular manner at the same temporary location.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement of the police officer with respect to the AZ;

1. Application of each one of the Acts and subordinate statutes to reply data, such as a petition, detailed statement of transactions, warrant of search, seizure, verification, investigation report (in execution of an account tracking warrant), and written request for financial transaction information;

1. Relevant provisions concerning facts constituting an offense;

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