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(영문) 대전지방법원 천안지원 2013.05.02 2012고정1065
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2012 high-level 1065] Around March 10, 2008, the Defendant opened a new bank account (B) in the name of the Defendant at the 80 new bank located within the 80-dong, Chungcheongnam-gu, Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, and immediately transferred the above account’s passbook and one cash card to the bearer.

[2012 High Court Decision 1066]

1. Around March 10, 2008, the Defendant transferred a passbook, cash card, password, etc. from the agricultural cooperative located in the Dong-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to a person who is not entitled to the name of the Defendant.

2. The Defendant transferred the passbook, cash card password, etc. in the name of the Defendant at the 61-1 single bank located in the Dong-dong culture-dong 61-1 Han Bank, Nam-gu, Dong-gu, Seoul Special Metropolitan City at the time and time stated in paragraph 1.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement on E, F, G, H, I, J, K, L, M, N, P, Q, R, M, T, U, V, X, Y, and Z;

1. Responses;

1. Application of each investigation report (verification of points where a bankbook is opened, confirmation of points where an account is opened, and confirmation of points where a bank is opened);

1. Relevant legal provisions and Articles 49(5)1 and 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 9325, Dec. 31, 2008);

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

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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