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(영문) 대구지방법원 안동지원 2011.10.11 2011고단469
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any bank passbook, cash card, etc. which is the means of access used in electronic financial transactions.

Nevertheless, the defendant T received a request from a Chinese person under his name to create several passbooks in the name of another person, and requested a Chinese person to create a passbook in the name of another person. A around November 23, 2009, at a national bank located in the Gu-U.S. So-called Dong-dong, the defendant T opened a passbook (Account Number:V) and a cash card at the national bank located in the Gu-U.S. So-called Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, U.S., who was transferred a total of 54 bankbooks and cash card, and then delivered it to the defendant T in the name of the Dong-dong, Dong-dong, Dong-dong, Dong-dong, which is located in the Dong-si, Dong-dong, Dong-dong, Dong-dong, Dong-dong, which is located in the Dong-si, Dong-si.

The Defendant and A conspired to transfer or take over the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of AD, AC, and X;

1. Each police statement made to AD, AB, AE, K, F, and U;

1. Application of each investigation report (Attachment of AD's certificate of opening an account, attachment of AB's certificate of opening an account, attachment of a copy of AE's passbook, attachment of passbooks, passbooks and cash cards, attachment of a witness's account, and attachment of a witness's K account details, and attachment of the details of opening a AC account);

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Selection of an alternative fine for punishment;

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act reflects the order of provisional payment, and considering the fact that the defendant is a brain-related third-class disabled person who is not good in a health condition, family environment, and circumstances leading to the instant case.

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