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(영문) 의정부지방법원 2014.07.31 2014고정961
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

1. On November 2013, Defendant A transferred the means of access by means of delivering one passbook (C) in the name of the Defendant and one cash card, through a delivery service provider who sent the passbook to obtain the rent of KRW 20 to KRW 300,000 per week from Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

2. On November 2013, Defendant B transferred the means of access by means of delivering one passbook (D) in the name of the Defendant and one cash card through a delivery service provider who sent the passbook to obtain the rent of KRW 20 to KRW 300,000 per week from Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes governing deposits without passbooks, details of transactions by Korea Post, and personal information inquiry;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the means of access in the instant case was actually used for a financial fraud crime, and the victim was injured by fraud. Among them, 18 million won was deposited into the Defendant’s account, and 30 million won was deposited into the Defendant’s account.

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