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(영문) 수원지방법원 2018.08.29 2017고단6634
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of 5,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On December 15, 2014, the Defendant: (a) heard that the Defendant would offer a passbook of KRW 200,000 per one cash per head of the Tong if he/she had a passbook near the water station located in 924 in Suwon-si, Suwon-si; and (b) transferred a passbook of KRW 1 and a e-mail card connected to the bank account (Account Number D) in the name of the Defendant’s spouse, and a one and a e-mail card connected to the F bank account (Account Number G) in the name of the Defendant’s spouse, respectively, to B, and transferred a financial institution’s access medium.

2. Defendant B was informed of his knowledge at the time and place specified in paragraph (1).

A will be given KRW 200,000 per cash per head of a Tong if he/she has a passbook.

In return, I received from A one passbook and one e-mail card connected to A's bank account (Account Number D), and one e-bank account (Account Number G) connected to A's spouse, and one e-mail card and one e-mail card from financial institutions.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Second-time suspect examination protocol against Defendant A;

1. Statement made by the prosecution against the defendant B;

1. Each police statement made to H and I;

1. E statements;

1. Investigation report (verification at the point of opening a criminal account);

1. Application of the written confirmation of deposit transactions, details of deposit and withdrawal transactions, details of transactions, and the Acts and subordinate statutes on warrant replies;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Defendant A: Defendant B who is subject to a fine: Imprisonment with prison labor;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B: Article 62-2 of the Criminal Act;

1. Defendant A of the provisional payment order: The crime of this case on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act, in which the access media that was transferred to the needy person for the crime of this case, ultimately is done so by the fraud.

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