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(영문) 서울중앙지방법원 2016.09.06 2015고정4674

전자금융거래법위반등

Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. A around September 16, 2013, Defendant A opened a bank account (G) with the name of the Defendant at the 654-1 and the large-scale branch of the Bank in Dongjak-gu Seoul Metropolitan Government, and thereafter transferred the means of access, such as passbook, password, cash card, to H around that time.

2. Around May 14, 2014, Defendant B opened the Agricultural Cooperative Account (I) under the name of the Defendant at the Dongjak-gu Seoul Metropolitan Government Daecheon-ro, 22, and Y Y, and transferred the means of access, such as passbooks, passwords, cash cards, to the said H.

3. Around September 24, 2014, Defendant C opened a bank account in the name of the Defendant at the 654-1 and the large-scale branch of Korea Bank (J) around that time, Defendant C transferred the means of access, such as the passbook, password, cash card, etc. to the said H.

4. Around October 6, 2014, Defendant D opened an agricultural bank account (K) in the name of the Defendant in Seocheon-si, Seocheon-si, Seocheon-si, 160, and Ocheon-si, the agricultural bank account in the name of the Defendant (K) and transferred the means of access, such as passbook, password, cash card, to the above H around that time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of the witness H in the court;

1. Some statements made by the Defendants in each police interrogation protocol

1. Some statements in the police interrogation protocol of H concerning H;

1. Each consolidated account description (Evidence No. 9, 11, 12) appears to have a certain relationship with H. However, the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendants opened a new passbook despite the existence of the existing passbook and transferred it to H, and the Defendants opened and opened a password with the content of H demanded from the time of opening the passbook. ② The Defendants stated that the Defendants borrowed the passbook on the condition of using only one to two months from this court. However, the Defendants stated that the passbook was owned by the transferee and the foreign exchange transaction.