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(영문) 서울남부지방법원 2016.11.03 2016고단2562
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

[2016 Highest 2562] No person shall transfer or acquire any electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the transaction details, and any means of access, such as a password necessary for using such card.

Nevertheless, around November 3, 2015, the Defendant transferred to D the method of access necessary for the electronic financial transaction by drying up the passbook (Account Number C) opened on the same day in the car page in which the trade name in the credit will of Yeongdeungpo-gu Seoul Metropolitan Government is unknown.

[2016 Highest 442] No person shall transfer or acquire any electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the transaction details, and any means of access, such as a password necessary for using such card.

Nevertheless, around November 2, 2015, the Defendant transferred to D the passbook (Account Number E) in the name of a national bank in the name of No. 152 National Bank on the same day prior to the station of the steel basin of the National Bank in the name of No. 152-ro, Masan-ro, Ma, and the physical card connected to the above account, a means of access necessary for the electronic financial transaction.

Summary of Evidence

[2016 Highest 2562]

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. Transfer receipt, details of account transactions, application for account transactions, etc. [2016 order 442]

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Act on Criminal Facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment provided for a crime of violating the Electronic Financial Transactions Act around November 2, 2015, with heavier punishment);

1. The Criminal Act, the suspension of execution;

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