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(영문) 대전지방법원 홍성지원 2017.10.18 2017고단237
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing access media, no one can deliver access media with the knowledge that it will be used for a crime, but the defendant accepted the proposal to the effect that "the defendant will open an account in the name of the related company in the capacity of his/her agent and give KRW 1,50,000 per head of the Tong, if he/she opened the account in the name of his/her agent in the capacity of his/her agent on March 2016."

1. On March 25, 2016, the Defendant: (a) issued and delivered a passbook, an OTP card, etc. connected to an account in the name of the Bank of Korea (Account No. 1005102947414) in the name of the Plaintiff, which was located in Bupyeong-si around March 25, 2016.

2. On March 31, 2016, the Defendant issued and delivered a passbook, OTP card, etc. connected to the account under the name of the National Bank (Account Number D) in the name of the State on the street located in Bupyeong-si around March 31, 2016, under the foregoing conditions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of each written petition, a detailed statement of admission and withdrawal, and Acts and subordinate statutes on deposit receipts;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 of the same Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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