CONTENTS
- 1. A Client to Whom the Charge of Violation of the Electronic Financial Transactions Act Was Applied
- - The Client Charged With Violation of the Electronic Financial Transactions Act Was Also a Victim Deceived by a Criminal Organization
- 2. He Was Merely Deceived by a Criminal Organization and Charged With Violation of the Electronic Financial Transactions Act
- - What Is the Sentence for Violation of the Electronic Financial Transactions Act?
- 3. Police Decide on Non-referral for the Suspect in the Violation of the Electronic Financial Transactions Act
1. A Client to Whom the Charge of Violation of the Electronic Financial Transactions Act Was Applied
The client to whom the charge of violation of the Electronic Financial Transactions Act was applied was a breadwinner supporting his family, and he came to violate the law after believing a claim that he could earn money through electronic financial transactions.
The client charged with violation of the Electronic Financial Transactions Act was short of funds, so he was easily deceived by a criminal organization's claim that a loan was possible.
They reportedly demanded that the client hand over a debit card in his name and disclose the password.
However, after seeing a large sum deposited into his account and then withdrawn, the client felt that something was wrong and immediately froze the account.
Although he froze the account, the client, who had assisted the criminal organization's offense, inevitably became subject to criminal punishment.
The client, who came under police investigation for violation of the Electronic Financial Transactions Act, requested help from Daeryun.
The Client Charged With Violation of the Electronic Financial Transactions Act Was Also a Victim Deceived by a Criminal Organization
The client charged with violation of the Electronic Financial Transactions Act was deceived by a criminal organization's claim that a loan was possible, and he facilitated their crime involving the Electronic Financial Transactions Act and came to violate the law.
The client charged with violation of the Electronic Financial Transactions Act was a breadwinner responsible for his family and was in a situation where he urgently needed money.
However, the money that came into the client's account was proceeds from voice phishing, and the client, to whom the charge of violation of the Electronic Financial Transactions Act was applied, came under a police investigation.
2. He Was Merely Deceived by a Criminal Organization and Charged With Violation of the Electronic Financial Transactions Act
Through a thorough consultation with the client, Daeryun Law Firm formed a team of attorneys composed of numerous specialists with extensive experience in violation of the Electronic Financial Transactions Act cases.
The Daeryun attorney team established that the suspect, unable to obtain a loan from financial institutions and experiencing economic difficulty, had been deceived by a criminal organization's claim that it would provide a loan.
■ The suspect, as the breadwinner of a household, was experiencing economic difficulty in a situation where he could not obtain a loan.
■ The suspect, who was responsible for his family, was inevitably deceived by the criminal organization's claim that a loan was possible.
■ The suspect felt that something was wrong partway through and immediately froze the account.
■ The suspect felt sorry toward the victim who suffered harm because of him.
What Is the Sentence for Violation of the Electronic Financial Transactions Act?
Let us review the sentence for violation of the Electronic Financial Transactions Act.
Electronic Financial Transactions Act Article 2 (Definitions) The definitions of the terms used in this Act are as follows. 1. The term "electronic financial transaction" means a transaction in which a financial company or an electronic financial business operator provides financial products and services through an electronic device (hereinafter referred to as "electronic financial business"), and the user uses them in an automated manner without directly meeting or communicating with an employee of the financial company or the electronic financial business operator. 2. The term "electronic payment transaction" means an electronic financial transaction in which the person who provides funds (hereinafter referred to as the "payer") causes a financial company or an electronic financial business operator to transfer funds, using an electronic means of payment, to the person who receives the funds (hereinafter referred to as the "payee").
Electronic Financial Transactions Act Article 6-3 (Use and Management of Account Information) No person shall, in using or managing account-related information, receive or provide account-related information, or store, deliver, or distribute it, for the purpose of using it in a crime or knowing that it will be used in a crime.
Electronic Financial Transactions Act Article 49 (Penalty Provisions) (2) A person who falls under any of the following shall be punished by imprisonment of up to 7 years or a fine of up to 50 million won. 1. A person who forges or alters an access medium 2. A person who brokers the sale of, sells, exports, or imports, or uses a forged or altered access medium 3. A person who brokers the sale of, sells, exports, or imports, or uses a lost or stolen access medium 4. A person who intrudes into electronic financial infrastructure or an electronic device for electronic financial transactions and obtains an access medium by false or other improper means, or who conducts an electronic financial transaction using an obtained access medium 5. A person who brokers the sale of, sells, exports, or imports, or uses an access medium obtained by force, embezzlement, deception, or extortion 6. Deleted (3) Electronic currency shall be regarded as a negotiable instrument under the crimes prescribed in Articles 214 through 217 of the "Criminal Act," and shall be punished by the penalty prescribed for each respective crime. (4) A person who falls under any of the following shall be punished by imprisonment of up to 5 years or a fine of up to 30 million won. 1. A person who, in violation of Article 6 (3) 1, transfers or acquires an access medium 2. A person who, in violation of Article 6 (3) 2 or 3, is lent or lends an access medium, or who stores, delivers, or distributes it 3. A pledgor or pledgee who violates Article 6 (3) 4 4. A person who, in violation of Article 6 (3) 5, brokers, mediates, or advertises, or who solicits while receiving, giving, demanding, or promising consideration 5. A person who, in violation of Article 6-3, receives or provides account-related information, or who stores, delivers, or distributes it |
3. Police Decide on Non-referral for the Suspect in the Violation of the Electronic Financial Transactions Act
The police accepted Daeryun Law Firm's argument and issued a non-referral decision regarding the suspect in the violation of the Electronic Financial Transactions Act.
As the reason for the non-referral decision, the police explained that it was difficult to conclude that the access medium had been transferred, so the matter was closed with a non-referral decision.
Daeryun Law Firm operates a criminal group, in which veteran specialists in the criminal field form teams according to the scale of the case and handle the case.
Three to twenty legal professionals provide a defense tailored to the client, so if you need help, you may receive the assistance of Daeryun's criminal group at any time.
![[전자금융거래법위반 경찰 단계 종결] 피의자 역시 피해자임을 밝혀 불송치 결정 받아내](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240503055158660.webp&w=828&q=100 "전자금융거래법위반 불송치")
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
