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(영문) 대전지방법원 천안지원 2017.03.10 2016고단2338
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

No person shall transfer or take over any access medium in using and managing any access medium of electronic financial transactions, except as otherwise provided for in any special circumstance.

On March 4, 2016, the Defendant: “A person who operates a sports climate and has withdrawn profits is required to withdraw the profits.

A physical card shall be sent.

under the name of the Party, two physical cards in the name of the Party.

(C) received a proposal to that effect and received a proposal to that effect.

1. On March 7, 2016, the Defendant acquired a corporate bank physical card (B) from a person in an influence to his/her name at the Gansan Integrated Terminal located in Pungsan-si, North Korea, North Korea on March 7, 2016 and then acquired a medium of access to electronic financial transactions from a person influence to his/her name.

2. On March 8, 2016, the Defendant: (a) transferred, on March 8, 2016, a physical card connected to the corporate bank account (C) in the name of the Defendant at the Ansan Integrated Terminal as indicated in paragraph (1) around March 8, 2016, one sheet of physical card connected to the corporate bank account (C) in the name of the Defendant; and (b) one sheet of physical card connected to the Agricultural Cooperative Account (E) through the bus handbook; and (c) transferred, respectively, the access medium of the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Copy of the statement made to G by the police;

1. A statement and a written petition of H;

1. Details of transactions by account, detailed statement of each deposit transaction, and copy of the detailed statement of each deposit and withdrawal transaction;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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

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

1. Selection of each alternative fine for punishment;

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

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

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

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

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