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(영문) 창원지방법원 진주지원 2016.07.20 2016고단416
전자금융거래법위반
Text

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 May 2015, the Defendant: (a) opened an account in the name of a juristic person designated by the person in the name of the deceased; (b) opened an account in the name of the juristic person; and (c) transferred the passbook and the check card to the person in the name of the deceased.

On May 2, 2015, the Defendant: (a) registered the director of the company B with limited liability in accordance with the order of the person without a name, and opened a bank account (Account Number C) and a new bank account (Account Number D) in the name of the said legal entity; (b) issued one passbook and one check card connected to each of the above accounts; and (c) transferred each of the above passbook and the check card to the person without a name, through Kwikset Service on May 26, 2015, and transferred each of the above passbook and the check to the person with a name, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the result of execution of a warrant of search and seizure);

1. Application of data-related Acts and subordinate statutes by completing a game machine charging account and a certificate for all registered matters B;

1. Article 49 (4) 1 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 1 of the same Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the access media transferred by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used in the operation of the gambling site, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the fact that the defendant reflects his/her criminal act, the fact that the defendant has no criminal history, and the defendant has no criminal history, and other various sentencing conditions as shown in the records and theories of this case, such as the defendant's age and sexual behavior.

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