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(영문) 부산지방법원 2019.01.16 2018고단1563 (1)

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer the means of electronic financial transactions.

Nevertheless, around May 2016, the Defendant: (a) received a request from D to “Operation of a shopping mall,” and thus, cannot open a passbook due to a tax issue; (b) received a request from D to “the head of a Tong; (c) the head of a Tong/C bank account (E) with the name of the Defendant; and (d) received 200,000 won in return for the request.

Accordingly, the Defendant transferred the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (A’s nominal Cbank Account User);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;