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(영문) 대전지방법원 천안지원 2013.10.25 2013고정452
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

1. Around May 7, 2012, the Defendant issued a deposit account (Account Number: C) and cash card to the account holder, which was opened with “B limited liability company,” the representative of the deposit holder,” and the account holder of the community credit cooperatives (Account Number: C) at the credit cooperatives and after the establishment of the credit cooperatives in Yongsan-gu 1085, Yongsan-gu, Busan-si, Busan-si

As above, the Defendant transferred the means of access necessary for electronic financial transactions.

2. On May 14, 2012, the Defendant issued a deposit account (Account Number: E) and a cash card to the account holder, which was opened in the name of the deposit account holder “D Limited Liability Company,” the representative “A,” and the credit cooperatives (Account Number: E) and the cash card to the account holder.

As above, the Defendant transferred the means of access necessary for electronic financial transactions.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement to F, G, H, I, J, and K;

1. Ratification, etc.;

1. Each complaint;

1. Judgment and each summary order (Evidence Nos. 2 through 4, 7);

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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