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(영문) 수원지방법원 2014.05.15 2014고정493

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Seoul Western District Court on May 9, 2013, and its judgment became final and conclusive on May 17, 2013.

On December 2, 2012, the Defendant received 10,000 won or more per hour at a local advertisement site for the Defendant’s early 2012. The Defendant received the request to “Is the need for a game money exchange account to create a corporate account by receiving documents related thereto for the operation of the Internet gambling site.”

On March 5, 2013, the Defendant received related documents from the person who was not injured on his name, and opened the Suhyup Bank Account (C) account in the name of the State 1 Dong Nam-gu, Nam-gu, Busan. After opening the Suhyup Bank Account (C) in the name of the State, the Defendant sent the person who was not injured on his name to the above account or opened the passbook of the above account, cash withdrawal card and password, etc. at the 1st calendar station located in the Guridong in Gangnam-gu, Gangnam-gu, Seoul.

Accordingly, the Defendant transferred the passbook, cash withdrawal card, password, etc. of the above account, which is a means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV data reply;

1. Previous record: Application of Acts and subordinate statutes to the accused's legal statement, criminal record inquiry;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;