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(영문) 서울동부지방법원 2015.05.08 2015고단634
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around July 18, 2011, the Defendant: (a) heard the horses that “the Defendant may pay money from selling the passbook”; (b) opened an account in the name of the Defendant in connection with the opening of an account in the name of one bank (Account D) at the Dong-dong, Dong-dong, Daejeon; and (c) issued the passbook, etc. in front of the said branch; and (d) around the same day, issued the passbook and the cash card, password, etc. necessary to use the account of the said Han Bank to a person who has lost his/her name through C; and (b) around the 21st day of the same month, received 1250,000 won in return for the said transfer from a person who has lost his/her name in return for the said transfer from a person who was unaware of his/her name in return for the said transfer from

Accordingly, the Defendant transferred the means of access used in electronic financial transactions as above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of the police officers in the first, second, and third instances of E;

1. Each police statement made to F, G, and H;

1. Application of the Acts and subordinate statutes to inquire about details of transactions of deposit and withdrawal;

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

1. Selection of a selective fine for punishment (the defendant's mistake is against his/her will be recognized, the defendant is not subject to punishment for the same kind of crime, and there is no criminal punishment exceeding the fine, and the defendant's age, character and conduct, environment, motive of the crime in this case, circumstances before and after the crime, and various circumstances that form the conditions for sentencing specified in the records of this case);

1. Articles 70 (1) 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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