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(영문) 광주지방법원 2017.02.09 2016고정1397
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 27, 2009, the Defendant sent a passbook to be used by “B” to receive the proceeds of the adult video hosting business via the Internet, after hearing the phrase “B, to pay 20% of the proceeds deposited in the passbook in return for the sending of the passbook to “B”.

On the same day, the Defendant opened the said bank account under the name of the Defendant at the point of view of the Korea Tti Bank (C) located in Seo-gu, Seo-gu, Gwangju, and opened the said bank account in the name of the Defendant at the point of view of one bank cancer located in the same Dong-dong, opened the said bank account in the name of the Defendant at the point of gold-dong located in the same Gu-dong, and transferred the passbook and cash card connected to the said account to the “B” using the home-based account from the G convenience store located in Seo-gu, Seo-gu, Gwangju on the same day.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to H, I, and J;

1. The K's statement;

1. Application of Acts and subordinate statutes on the statement of passbook transfer and each account transfer;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding the selection of punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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