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Reasons
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(영문) 서울남부지방법원 2015.10.15 2015고정1228
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 8, 2007, the Defendant transferred, in a lump sum, a corporate bank passbook (Account Number B), a single bank passbook (Account Number C) and a cash card, the means of access to each of the above accounts, to the name “D”.

In addition, from August 6, 2007 to August 29, 2007, the Defendant transferred a total of 12 accounts and cash cards, the means of access, as indicated in the following crime list, over a total of five occasions.

On August 24, 2007, 111 Bank E E on August 6, 2007, 2007, 〃 4 〃 4 〃 4 〃 5 corporate bank B on August 6, 2007, 8, 2007 on the opening date of the bank account number, 〃 3 C on August 6, 2007, 11 〃 7 corporate bank I on August 13, 2007, 7 corporate bank I on August 13, 2007, 7 〃 9, agricultural cooperative on August 24, 2007, 7 〃 11 M on August 20, 207, 2007, 〃 33 4 〃 5 corporate bank C 8, 2007.

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Application of Acts and subordinate statutes to a statement of bank transactions and a warrant of search and seizure;

1. Article 49 (5) 1 of the former Electronic Financial Transactions Act (Act No. 7929) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment: Selection of a fine;

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

1. A fine of 2 million won sentenced (in the event that six means of access, such as a passbook, were transferred on March 23, 2007 on the ground that the Defendant was sentenced to a fine of 2 million won on September 2007 due to the violation of the Electronic Financial Transactions Act on September 20, 2007, on the ground that the crime of this case committed prior to the pronouncement of the above case was conducted concurrently with the above case, the number of fines shall be reduced partially by taking into account equity in the case where the crime of this case committed prior to the pronouncement of the above case was judged together with the above case)

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

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