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(영문) 부산지방법원 2013.04.24 2013고정931

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire the means of access issued for electronic financial transactions by a financial institution or electronic financial business operator.

Nevertheless, the Defendant heard that he would offer KRW 7-1 million per day by opening an account in the name of information and communications, from a person whose name he/she became aware of after searching the Internet, and received a business registration certificate, a corporate seal imprint, and a power of attorney from the said person.

Accordingly, around November 8, 2010, the Defendant transferred each one of the passbook and cash withdrawal card in the name of the above company opened by the Defendant using the above documents issued at the 125 Dong-dong, Nam-gu, Incheon Metropolitan City. On the same day, the Defendant transferred each one of the passbook and cash withdrawal card in the name of the above company to a person whose name is unknown.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.