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(영문) 대전지방법원 공주지원 2015.07.07 2015고정40
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access.

1. On December 201, Defendant A transferred the means of access to each of the new bank accounts (e.g., E) and the bank accounts (F.) under the name of Defendant A to D upon the request of Defendant A, “At the new bank account in the name of Defendant A, with credit known, and creating a passbook.” In response to the request of Defendant A, Defendant A transferred each of the passbook, its password, etc. in the new bank account in the name of Defendant A and our bank account (F.) respectively.

2. On November 25, 201, Defendant B transferred the means of access to the account of community credit cooperatives under the name of Defendant B (number: G), debit cards, and their passwords, etc., upon receiving a request from Defendant B to “in a new case, the head of the Tong is required, one of which is created,” from Defendant B, around November 25, 201.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of suspect examination of the police about D;

1. Application of Acts and subordinate statutes concerning deposit transaction records and account transaction details;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Each of the electronic financial transactions under Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act;

B. Defendant B: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (Selection of Fines)

1. Aggravated concurrent crimes: Articles 37, 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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