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(영문) 부산지방법원 2013.05.09 2013고정1383
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire the means of access issued for electronic financial transactions by a financial institution or electronic financial business operator.

Nevertheless, the Defendant heard that he would offer KRW 5-70,00 per week by opening an account under the name of a stock company B from a person whose name he/she became aware of after searching the Internet, and received the above company’s business registration certificate, power of attorney, etc. from the said person.

Accordingly, around March 5, 2012, the Defendant transferred the passbook name of one bank account (Account Number: E) in the above company’s name opened by the Defendant using the business registration certificate, etc. on the above company, at the coffee shop in front of the D branch of one bank in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to a person whose name is not known, on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation (limited to attachment of details of transfer of Internet banking, which has remitted the amount of damage);

1. Application of Acts and subordinate statutes to a report on investigation (referring to attachment of a warrant for search, seizure, inspection, execution of a warrant (transaction details, etc.);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 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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