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(영문) 울산지방법원 2014.08.18 2014고정1230
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or take over any cash card or passbook attached with his/her belt, etc., or set a pledge, receive any consideration, or lend or take such means of access, or arrange such lending or taking such means of access.

Nevertheless, around November 20, 2013, the Defendant: (a) heard the Defendant’s new bank account in the name of the Defendant in the name of the Defendant; (b) opened a new bank account in the name of the Defendant at a Ulsan-gu pharmacist-dong on the same day; and (c) transferred the means of access to the Defendant’s name in the name of the Defendant at a Ulsan-gu bus terminal in the name of the Defendant’s name (Account Number:B); and (d) an agricultural bank (Account Number:B); and (e) a debit card and a debit card in the name of the Defendant in the name of the Defendant located in the Ulsan-gu, Ulsan-gu; and (e) a new bank in the name of the Defendant in the name of the Defendant (Account Number:C) and a debit card in the name of the Defendant, each head of the Tong-gu, and a password necessary for the use of the passbook and the card.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of statutes on account transfer;

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. Optional fine;

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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