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(영문) 광주지방법원 2017.09.19 2017고단1333
전자금융거래법위반
Text

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

In the event that the Defendants did not pay a fine, 100,000 won.

Reasons

Criminal facts

Defendant

A was sentenced to one year of imprisonment for special injury at the Gwangju District Court on April 28, 2016, and the judgment was finalized on July 1, 2016.

1. As of May 2014, Defendant A transferred a national bank account (F), bank account (G), bank account (H), bank account (H), agricultural bank account (H), and agricultural bank account (I), check card, and OTP, etc. to J through B upon request of the Defendant to open a corporate passbook in front of the community service center located in Nam-gu, Nam-gu, Gwangju at the end of May 4, 2014.

2. Defendant B

A. On April 9, 2014, the Defendant opened a corporate passbook to K and requested it, and opened it under the name of the company with limited liability that K is its representative, and opened the passbook, physical card, OTP, etc. to J until April 18, 2014, and arranged the transfer of 12 passbooks, physical card, OTP, etc. in the bank account opened by K, one bank account, etc., and one bank account opened by K, one bank account, etc., and the transfer of access media for the NA electronic financial transactions to the J by NA.

B. The Defendant: (a) opened four accounts, such as a national bank account opened by A at the time and place specified in paragraph (1); and (b) arranged the J to transfer the access media for the instant electronic financial transaction by holding a dynasty card.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol against the Defendants and K

1. Copy of the protocol concerning the examination of suspect to the J; and

1. Reports on internal investigation (organization of accounts subject to search);

1. Previous convictions in judgment: Defendant A’s legal statement, inquiry about criminal history, and application of Acts and subordinate statutes of investigation report (Attachment of judgment);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act: Defendant B: Article 49 (4) 4 and Article 6 (3) 5 of the Electronic Financial Transactions Act.

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