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(영문) 수원지방법원 안양지원 2012.04.10 2011고단1614
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A on March 31, 2009, after being sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court on July 7, 201, the execution of the sentence is terminated at Seongdong-gu District Court on July 7, 201, and on June 24, 201, the same court has been sentenced to ten months of imprisonment for habitual fraud.

7.2 The above judgment became final and conclusive.

No person may transfer or acquire a means of access in using and managing the means of access.

1. On November 25, 2010, the Defendant: (a) received KRW 70,00 from C in front of the modern department store located in the Seoul New Village; and (b) delivered passbooks and cash cards to C to the national bank account opened in the name of the Defendant; and (c) transferred the means of access.

2. On November 26, 2010, the Defendant transferred the means of access by sending each passbook and cash card to the Agricultural Cooperative Account (Account Number E) and the Enterprise Bank Account (Account NumberF) opened in the name of the Defendant to the above party in the name of the Defendant, prior to the school subway Station in Dobong-gu Seoul Metropolitan Government, on November 26, 2010.

3. On December 9, 2010, the Defendant: (a) received 5-100,000 won from a person who was unaware of his/her name in front of a company bank located in Dobong-gu Seoul Metropolitan Government; and (b) sent a passbook and cash card to the Agricultural Cooperative Account (Account Number G) opened in the name of the Defendant using Kwiksetset Service to the person who was unaware of the name

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to H, I, J, K, L, M, and N;

1. Each statement ofO and P;

1. Details of each financial transaction;

1. Previous convictions in judgment: Criminal records, investigation reports (report on the binding of copies of written judgments related to suspects), application of Acts and subordinate statutes to each individual's number and accommodation status;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;

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