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(영문) 수원지방법원 안양지원 2014.07.17 2014고정492
전자금융거래법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A around December 24, 2013, Defendant A transferred the means of access to electronic financial transactions, subject to the receipt of KRW 2 million per week in the vicinity of the Sindo-Eup Mado-si, Sinsan-si, by means of an electronic financial transaction, on condition that he/she will receive KRW 2 million per week in the name of the Defendant.

2. On December 24, 2013, Defendant B transferred the means of access to electronic financial transactions by delivering a passbook and physical card (including a password) in the post office account (Account Number E) and the NongHyup account (Account Number F) under the name of the Defendant to a person with no name, on condition that the Defendant receives KRW 140,000 per day from the account near Incheon Sin-dong, Incheon.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of detailed statements, detailed statements of transactions, and written confirmations of transfer;

1. Defendant A of the pertinent provision of criminal facts: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Defendant B: Articles 49(4)1 and 6(3)1 of the respective Electronic Financial Transactions Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose punishment: Fines for negligence

1. Defendants of detention in a 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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