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(영문) 대전지방법원 2014.02.14 2014고정31
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access used in electronic financial transactions, except as otherwise provided for in any other Act.

1. On December 2012, 2012, the Defendant acquired the means of access of financial institutions by purchasing from B a small-scale terminal in the upper Dong-dong, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant purchased a passbook in C’s name from B for KRW 300,000.

2. On December 2012, 2012, the Defendant sold the means of access to financial institutions by receiving KRW 350,000 from a national bank account, etc. in the name of the said C to a person whose name can not be known at the street near the forest basin in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the examination of each police suspect against C, E, or B;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to report internal investigation (report on the filing of data for entering into evidence submitted by victims), and report internal investigation (report on the filing of data for response to financial transaction information in criminal accounts);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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