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(영문) 의정부지방법원 2014.12.23 2014고정2023
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Around October 2012, the Defendant: (a) was prohibited from transferring a means of access used to make a transaction request in an electronic financial transaction or to secure the authenticity and accuracy of users and transaction details; (b) was proposed to receive KRW 50,000 per day from the person in default of his/her name to receive KRW 50,000 per day; (c) was willing to open an account in the name of “YAB” in the name of “B”; and (d) delivered two new bank accounts (D, E), one bank account (F), one bank account (G), agricultural bank account (H), and one bank account (I) in the name of the limited liability company established in the above bank; and (e) issued the passbook, card, password, etc. to the above bearer; and (e) thereafter, the Defendant opened a total account in the name of the limited liability company B established in the same manner, including two new bank accounts under the name of the limited liability company B.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes on details of transactions with victims, such as investigation reports (organization of sources of damage and accounts for the use of crimes);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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