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(영문) 광주지방법원 2015.04.02 2015고정310

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 13, 2012, around June 13, 2012, the Defendant violated the Electronic Financial Transactions Act: (a) received a request from Gwangju Dong-gu, Gwangju, to “to create a passbook that makes it possible to engage in a bank transaction by making use of credit bad; and (b) transferred the means of access, such as the passbook and security card, in the Defendant’s agricultural bank account (D) in the name of the Defendant who opened to make a mobile phone bank transaction around June 14, 2012.

2. On July 31, 2012, around July 31, 2012, the Defendant violated the Electronic Financial Transactions Act: (a) received a request from C to “in order to create a post office passbook where one of the domestic post office accounts is required to do sponsoring; and (b) transferred the means of access, such as a passbook and security card, in the A’s post office account (E) opened to be able to engage in sponsoring immediately via a mobile phone, to C.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the suspect interrogation protocol of the accused and C by the public prosecutor;

1. An investigation report (in relation to a A account with details of transfers repeatedly to the tenant of the game place) (in relation to a A account in the name of the tenant of the game place), and an investigation report;

1. The details of transactions in agricultural cooperatives and post offices accounts A, personal details of many other parties to transactions, and the application of Acts and subordinate statutes on response to financial transaction information;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;