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(영문) 창원지방법원 마산지원 2014.02.19 2013고단442 (1)

전자금융거래법위반

Text

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

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 2013, Defendant A transferred, as a representative director, a bank and a corporate bank passbook and cash card in the name of a corporation, KRW 250,000,000,000 in cash and the outstanding amount of loans, to E in return for the payment of KRW 2,33,00,00 in subrogation, where it is difficult to identify the name of a branch and the name of a branch of the Han Bank and a corporate bank, which are in the name of D.

2. On January 30, 2013, Defendant B transferred 21 the passbook and cash card, which are means of access, as indicated in No. 24-44 of the attached Table 3 on the same day, including the transfer of the passbook and cash card in the name of F corporation to the above E, as the representative director, in front of a corporate bank where the name of the branch is unknown at ancient cities.

3. On December 12, 2012, the Defendant transferred 23 copies of passbooks and cash cards, as indicated in No. 1 to 23, 2012, from around that time, the Defendant, as the representative director, transferred 3 million won in cash to the said E, the agricultural cooperative head and cash cards in the name of G corporation, and transferred 23 copies of passbooks and cash cards to the said E from that time.

Summary of Evidence

1. Examination protocol of suspect E by the prosecution;

1. Each police interrogation protocol against the Defendants

1. Documents pertaining to each stock company;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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