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(영문) 울산지방법원 2014.03.10 2014고정70
전자금융거래법위반
Text

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

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No defendant A may transfer the means of electronic financial transactions;

Nevertheless, around 15:00 on April 6, 2013, the Defendant received KRW 1,50,000 in front of the Nonghyup City Branch, in return for the transfer of passbook, and delivered the passbook, cash cards, passwords, etc. of the Nonghyup Bank Account (C) in the name of the Defendant, which is the means of electronic financial transactions, to the bearer service and received KRW 3,50,000.

Accordingly, the Defendant transferred the means of electronic financial transactions.

2. No defendant B may transfer the means of electronic financial transactions.

Nevertheless, at around 11:09 on April 10, 2013, the Defendant received KRW 1.5 million in return for the transfer of passbook from the head of Yangsan-si branch located in Yangsan-si, Yangsan-si, and received KRW 300,000,000 in return for the transfer of passbook. The passbook, cash card, password, etc. of the Nonghyup Bank Account (D) in the name of the Defendant, the means of electronic financial transaction, was delivered to the party under whose name the passbook was

Accordingly, the Defendant transferred the means of electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to report internal investigation (the result of compulsory execution by warrant and the indication of account deposit holders);

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

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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