logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.03.20 2016고단2238
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2016, the Defendant received a proposal to offer 50% of the profits when he/she opened an account after he/she registered as a business from a person with no name or representation of the account, and then accepted such proposal.

5. On 19. Gyeongcheon-si building B, Gyeongcheon-si, B, 205, the purpose of which is the clothing and musical retail business, etc., was to establish a limited company C.

After that, on May 27, 2016, the Defendant opened the Agricultural Cooperative Account (D) in the name of the said Co., Ltd. in the name of the said Co., Ltd. in the Chuncheon District Office in the central office of 37, Chuncheon-si, the Defendant transferred the passbook, physical card, and password connected to the said account to the name of the non-resident.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of financial transactions;

1. Application of Acts and subordinate statutes to a copy of an application for transaction, business registration certificate, and certificate for registration;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. It is necessary to strictly punish the act of arbitrarily transferring the electronic financial transaction access media on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the grounds for sentencing) as an act that may infringe on the security and reliability of the electronic financial transaction performance and bring about damage to many and unspecified persons by using it for a crime such as fraud.

In particular, since the general public tend to have trust that transactions with corporations are more safe than transactions with individuals, transferring the access media connected to the accounts in the name of the corporation would increase the possibility of damage caused by fraud, and the account of the access media that the actual defendant transferred was used for fraud crime.

The Defendant established a corporation for his own business and transferred its access media.

However, it is not that there is no substance of the business, and that there is no expectation of non-income and respond to the lusent proposal, and the criminal liability is not easy.

provided, however, that the defendant is a defendant.

arrow