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(영문) 청주지방법원 2015.08.13 2015고정297
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 13, 2015, the Defendant was sentenced to imprisonment for eight months at the Cheongju District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive around that time.

On April 16, 2014, the Defendant opened two accounts of post offices in the name of the Defendant at the Cheongju-si post offices located in the Cheongju-si, and issued the passbook and each e-mail card to the names in the name of the party in question by means of express bus carriage at the Cheongju-si terminal on April 16, 2014, and notified the password by telephone.

Accordingly, the Defendant transferred the means of access necessary for financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. A petition for E works;

1. Domestic investigation reports (verification of points of account opening), baggage cards, written decisions on non-prosecution, written opinions;

1. Previous convictions: Application of respective Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. According to the evidence pre-guilty prior to the conviction of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant acknowledged the fact that “The Defendant created the details of transactions to obtain a bill discount and raised credit rating, and would open an account,” and that F would have the bank opened two accounts in the name of the Defendant at a post office on April 16, 2014 and sent the passbook and the check card to the bearer of name via express buses (Investigation Record 12,47 pages) and “G,” etc. on April 17, 2014.

However, at the time, the defendant did not confirm the personal information, office, etc. of the person who was to receive the passbook and the check card at all.

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