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(영문) 전주지방법원 군산지원 2012.04.17 2011고정728
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Around October 15, 2010, the Defendant transferred cash cards, passbooks, and security cards to the said lender via a high-speed bus loan service, which are the means of access to the G account H in the name of the Defendant established by using the power of attorney, from a high-speed bus terminal located in Si, Masan-si, 612-7, Masan-si, Masan-si, and from the name-free loan business operator (hereinafter referred to as the “C Office”).

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

On September 19, 2010, the Defendant transferred the cash card, passbook, security card, and Internet banking application, which are the means of access of the agricultural bank account I in the name of the person selling the passbook in Suwon-si, which was issued by the person selling the passbook in the name of Suwon-si, Suwon-si, the Defendant transferred to the person selling the passbook through the Kowon-si, Daejeon-si, Daejeon-si, the application for cash card, passbook, security card, and Internet banking to the person selling the passbook.

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

Summary of Evidence

"2011 High Court 728"

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement on J,K, L, M, N,O, P, Q, Q, S, T, V, X, X,Y, Z, AAB, AC, AE, AE, AF, AH, AI, AJ, AK, and AL;

1. Each written statement of AM, N, AO, AP, Q, AR, AS, ATS, AU, and AV;

1. Details of transactions and applications for the accounts of GFF, investigation reports (a CCTV data is attached when the agricultural bank account in the name of G is opened), and "20,01,730";

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement on AW, AX, and Y;

1. Application of the Acts and subordinate statutes on transactions of agricultural cooperatives and documents filed for opening accounts;

1. Relevant Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning the relevant provision of criminal facts and the selection of punishment for each type of crime;

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. The order of provisional payment;

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