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(영문) 서울북부지방법원 2013.12.09 2013고정2736
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

On December 24, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Northern District Court, and two years of suspended execution on January 1, 201, and the judgment became final and conclusive on May 24, 2011 (hereinafter referred to as “the preceding sentence”), and on May 24, 2013, three months of imprisonment with prison labor (hereinafter referred to as “second prior to”) for nine frauds committed before the judgment with the preceding division becomes final and conclusive, and (1) for two frauds and one attempted frauds committed after the judgment with the preceding division becomes final and conclusive, and the above judgment was finally binding on September 27, 2013.

No person shall transfer, acquire or pledge any means of access for electronic financial transactions.

1. On November 6, 2012, the Defendant: (a) opened a bank account (C) in the name of a limited liability company B at the village branch, such as Korea Bank in Gangseo-gu Seoul and others; and (b) issued the passbook, cash card, and password to a person who was not the party to an electronic financial transaction outside the said bank; and (c) transferred the means of access used in electronic financial

2. On November 14, 2012, the Defendant, at the agricultural branch located in Ansan-si, opened the Agricultural Cooperative Account (E) in the name of the Co., Ltd., and then delivered the passbook, cash card, and password to the person who was not the party to the transaction and transferred the means of access used in electronic financial transactions outside the said Agricultural Cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed statement of transactions of self-reliance deposits, each application for transactions, each business registration certificate, certificates of deposit transactions results, records of financial transactions, real name verification certificates, and power of attorney;

1. Previous records of judgment: Criminal records, references to criminal records, meetings of agreement on case, copies of the judgment of the first instance, copies of the judgment of the second instance, and copies of Acts and subordinate statutes of the third instance;

1. Relevant provisions of the Act on Criminal facts and the choice of punishment, respectively, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. The crimes of this case under the latter part of Articles 37 and 39(1) of the Criminal Act and the crimes of this case under Article 39(1) of the Criminal Act and the judgment on September 27, 2013 become final and conclusive.

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