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(영문) 수원지방법원 안양지원 2014.08.28 2014고정745
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

1. Around 2013, the Defendant accepted a proposal from a person under his/her name at the center of Korea Standards in Seongbuk-gu Seoul, Seongbuk-gu, and consented to the offer that “I will create one passbook, and will give KRW 300,000,000,000,000,000,000,000,000,000,000,000,000 won.”

Accordingly, the Defendant transferred the means of access.

2. On January 2, 2014, the Defendant, at a national bank located in the Jung-gu Seoul Metropolitan Government, received the said proposal from the said person and then notified the said person of the passbook (C) and one debit card connected thereto, which was opened in the name of the Defendant.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the personal information of a holder of an account linked to the Korean standards of the accused in relation to the search and seizure warrant reply (189-221 pages) or a copy of the application for transaction of the accused bank (196-202 pages of investigation records), or the cryle of the national bank (214 pages of investigation records);

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

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

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

1. The summary order cannot be deemed to be heavy in full view of various circumstances that form the conditions for sentencing specified in the instant pleadings and records, based on the sentencing precedent of the same kind of sentencing for the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, and the provisional payment order is maintained as it is.

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