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(영문) 서울중앙지방법원 2014.05.08 2013고정5732
전자금융거래법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around November 27, 2012, the Defendant violated the Electronic Financial Transactions Act: (a) transferred a means of access for electronic financial transactions, such as the issuance of a passbook (Account Number C) in the name of the Defendant and a cash card to B, on the condition that he/she received KRW 200,000 from B that he/she became aware of through search of “passbook lending” at portal sites.

2. On December 19, 2012, the Defendant embezzled KRW 685,200 in total three times through the following methods, knowing the fact that considerable money was deposited and withdrawn to the national bank account in the name of the Defendant transferred, as set forth in paragraph (1).

(1) On December 20, 2012, the Defendant knew of the fact that the victim D, E, and F transferred money from the said national bank account to the said national bank account, and embezzled KRW 650,50 by transferring KRW 650,500 from the said national bank account to the agricultural bank account under the name of the Defendant through the Internet banking, and around December 22, 2012, the Defendant knew of the fact that the balance was 24,700 won from the said national bank account at around 23:25, 2012, and embezzled it by transferring KRW 24,50 from the said national bank account to the agricultural bank account under the name of the Defendant, and around 22:39, 2013, the Defendant knew of the fact that there was 24,700 won from the said national bank account to the Internet bank account under the name of the said national bank account and embezzled the said amount from the Internet bank account under the name of the Defendant’s account.

Summary of Evidence

1. Copy of the protocol concerning the examination of the accused;

1. Copy of each protocol concerning the examination of suspect B by the prosecution;

1. The details of the National Bank A account, investigation report (the personal communications and mobile phone inquiry shown in the AFC Account), response documents to the KFFC, investigation report (verification of the A-registered National Bank Account Internet banking transaction records), A National Bank Internet banking transaction details, investigation report, and the suspect's Internet sales fraud.

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