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(영문) 서울남부지방법원 2013.09.25 2013고정2605
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around October 31, 2012, the Defendant opened a deposit account (Account Number HJ) in the name of S, a corporation, a representative director, at the new bank located in Ansan-si, and around that time, the Defendant was the same account Nos. 2 and 7 as stated in the List of Crimes.

There are 8 accounts for 7 savings accounts in the name of the above corporation and 7 savings accounts in the name of Q Q Co., Ltd., but it seems that the number Nos. 2 and 7 are the same as that of the annexed crime list.

After opening a deposit account in his/her bank account, the means of electronic financial transactions were transferred by transferring his/her deposit passbook, cash card, security card, password, etc. to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Each police statement on HK, HL, HM, HN, HN, HP, Q, Q Q, HS, HS, HT, HU, HV, HV, HW, and HX;

1. Each statement (HY, HZ);

1. Each certificate of deposit (HY, HK, HL, HM, HN, HN, HO, HP, H Q Qu, HS, HS, HV, HW, and HW), each transfer certificate (HR), statement of transaction (HU), statement of transfer, each response document (HU), and each response document (new bank, foreign exchange bank, company bank, and community credit cooperative);

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

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