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(영문) 인천지방법원부천지원 2020.11.26 2020고단4213
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access.

1. On February 12, 2019, the Defendant opened the B account in the name-based limited liability company C (Serial number: D) with the promise that “The Defendant would have to get loans from the transfer of passbook, cash card, OTP card, etc.,” at the B commercial zone located in Bupyeong-si, Bupyeong-si. On February 14, 2019, the Defendant sent the cash card (F), OTP card, which is a means of access connected to the said account before the visual tower in the vicinity of Seocheon-si, Seocheon-si, 2019.

2. On May 20, 2019, the Defendant issued a new cash card (G) which is a means of access connected to the account in the name of the said limited liability company C at the upper dynamic point in B as indicated in paragraph (1), upon the demand of the bearer of his name in return for the “re-issuance of a multi-city cash card and transfer it.” On the other hand, the Defendant sent the said cash card to the bearer of name in return for the foregoing visual tower.

3. On September 17, 2019, the Defendant re-issued a cash card (H), which is a means of access connected to the account in the name of the said limited liability company C, at the upper dynamic point specified in paragraph (1) B, upon the demand of a person who was unable to receive his/her name, to “re-issue a large-time cash card and transfer it to another person.” On the other hand, the Defendant sent the said cash card to the person who was not aware

Accordingly, the Defendant transferred the means of access over three occasions.

Summary of Evidence

1. The provision of B financial transaction information (limited company C), customer identification inquiry, transaction application, business registration certificate, corporate register, deposit transaction record certificate (it is from October 1, 2019 to 31,), B financial transaction information provided on October 5, 2020, application form for electronic financial transaction information provided on September 20, 2020, application form for electronic financial transaction information provided on September 20, 2020 (cash card issued on September 17, 2019), B financial transaction information provided on October 20, 202, details of cash card issued, and application of Acts and subordinate statutes governing deposit transaction record certificate;

1. Relevant Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act and Article 6(3)1 of the same Act concerning criminal facts and the choice of punishment;

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