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(영문) 서울서부지방법원 2013.11.25 2013고정2218

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 19, 2012, the Defendant opened four accounts in the name of one bank (Account Number C), Korean bank (Account Number D), new bank (Account Number E), and corporate bank (Account Number F) in the name of a stock company of which the Defendant is the representative director at the first branch of the Seocho-gu Seoul Seocho-gu, Seoul. On April 19, 2012, the Defendant issued all documents necessary for opening an account at the point of active duty service of the National Bank (Account Number F), provided that G had the Defendant open one account in the name of H bank (Account Number I) in the name of the Defendant as the representative director. At that time, the Defendant received KRW 30,000 from the person under whose name the Defendant was the representative director in return for the transfer of the means of access, such as passbooks, etc. to five accounts.

Accordingly, the Defendant transferred the means of access to another person.

Summary of Evidence

1. Examination protocol of the police suspect against the accused (2, 156 pages, 2, 3, 31417 among the punishment of the Seoul Western District Prosecutors' Office, 2012, 3, 31417);

1. Statement of suspect by the police against J (the same investigation record 44 pages);

1. A criminal investigation report (20 pages of the same investigation record, the date and time of criminal investigation and confirmation of evidence relations);

1. Investigation report (verification of suspected facts and evidence against the Electronic Financial Transactions Act, and 223 pages of the same investigation records);

1. Application of Acts and subordinate statutes, such as an application for opening a H account (64 pages of the same investigation record) and an application for opening a B account of a stock company (83 pages of the same investigation record);

1. 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 of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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