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(영문) 대전지방법원 2015.10.29 2015고정1357
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access used in electronic financial transactions.

1. The acquisition of means of access;

A. In December 2012, the Defendant acquired the means of access by a financial institution by purchasing a passbook, cash card, and the relevant password from B to a national bank account (Account Number D) in the Gubong Village apartment parking lot located in Seo-gu, Seo-gu, Daejeon, Daejeon, for KRW 1.50,00.

B. On December 2012, the Defendant transferred KRW 2.50,000 in cash the passbook, physical card, password, etc. at the “F” restaurant located in Seo-gu, Daejeon, Daejeon, with B’s corporate bank account (H) located in G.

C. On January 1, 2013, the Defendant transferred KRW 50,000,00 in cash the passbook, physical card, password, etc. at the restaurant of “F,” from B, to the Agricultural Cooperatives (J) account in the name of “F,” and the Agricultural Cooperatives (L) account in the name of K.

2. Transfer of means of access;

A. On November 2012, the Defendant received KRW 350,000 in cash the passbook, physical card, and password from the national bank account (M) opened in the name of the Defendant, and transferred it to N in a small terminal located in Bupyeong-si, Seocheon-si, Seocheon-si, 2012.

B. On December 2012, the Defendant transferred to N a company bank account passbook, etc. in the name of G as stated in the above-mentioned paragraph (b) from Daejeon High-speed Bus Terminal located in the Dong-dong, Daejeon, Daejeon, by taking advantage of the high-speed bus cargo terminal that received KRW 300,000 in cash from N.

C. On December 2012, 2012, the Defendant transferred N from a small-scale terminal in the upper Dong-dong, Seocheon-gu, Seocheon-si, Seocheon-si to N in the above name C’s passbook, etc. 300,000 won.

On January 1, 2013, the Defendant, at the Daejeon High-speed Bus Terminal located in the Dong-dong, Daejeon, Daejeon, transferred 60,000 won in cash to N using the I as described in the above 1-C and the agricultural bank account passbook in the name of K, etc. using high-speed bus cargo services.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. N. B.

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