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(영문) 서울동부지방법원 2016.02.04 2015고단4058
전자금융거래법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 7,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[Criminal Records] Defendant B was sentenced to a suspended sentence of six months of imprisonment for special larceny at the Seoul Eastern District Court on July 24, 2015, and the said judgment became final and conclusive on August 1, 2015, and is currently under the suspended sentence.

[Criminal facts] No person shall transfer or take over a medium access to electronic financial transactions or rent, store, deliver, or distribute access media knowing that such medium is to be used for a crime.

C around December 12, 2015, at the Seoul Central District Court (Seoul) around December 12, 2015, collected passbooks and check cards to be used by the Chinese Bosing Organization to Defendant A to provide money.

Defendant A sent a passbook and a e-mail card to Defendant B in accordance with the proposal. Defendant A sent the passbook and the e-mail card to the singing organization.

I would like to have divided payments.

In other words, mutual invitation was made.

Defendant

B following the public offering, around 14:00 on December 15, 2015, at around 14:00, transferred the apartment house 305-dong, Songpa-gu, Seoul, to one head of Tong and one cash card (Account Number:D) connected to the one bank account under his name and one cash card to Kwikseter’s employees through Kwikset Service Articles.

Accordingly, in collusion with C, the Defendants transferred the passbook in the name of Defendant B and the cash card to Defendant B, a medium access to electronic financial transactions.

Summary of Evidence

1. Defendants and C’ respective legal statements

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each protocol concerning the interrogation of the police officers against the Defendants, E, F, and G;

1. Contents of text messages and Kakao Stockholm conversations;

1. A trading statement;

1. Evidence as seized subparagraphs 1 through 13;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant legal provisions and the Defendants’ choice of punishment for the crime: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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