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(영문) 수원지방법원 2014.04.16 2013고단6748 (1)
채권의공정한추심에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On June 15, 2011, the Defendant opened an account in his/her own name from the Nonghyup Bank located in Gangseo-gu Seoul Metropolitan Government, and transferred a passbook and a physical card to C with the means of electronic financial transactions.

B. On April 27, 2012, the Defendant opened an account in his name at a new bank located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and transferred a passbook and a check card to C with the means of electronic financial transactions.

2. Around February 22, 2012, Defendant B opened an account in his/her name at a new bank located in Yangcheon-gu Seoul Metropolitan Government, and transferred a passbook and a physical card to C with the means of electronic financial transactions.

Summary of Evidence

1. Statement on Defendant B in the first trial record;

1. Statement made to Defendant A in the second protocol of trial;

1. Details of transactions in each account (the sequence 44 through 46 of the evidence list);

1. The application of police investigation reports (Evidence No. 52) Acts and subordinate statutes;

1. Defendant A of the pertinent provision of criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Defendant B: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

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

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