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(영문) 청주지방법원 2014.02.20 2013고정1199
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 2012, the Defendant agreed to the proposal that “I will make a corporation and offer money in the name of the business operator by creating a passbook,” and B agreed to the proposal.

Since then, around January 2, 2013, the Defendant and B established a corporation called “stock company C” in the Cheongju Tax Office located in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, 262-1, and on January 10, 2013, set up two accounts in the name of the said company at the Cheongju-dong branch of the Cheongju-dong, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, and on January 10, 2013, opened two accounts in the name of the said company at the Cheongju-dong branch of the Cheongju-dong, Seo-gu, Cheongju-dong, and on January 16, 2013, established an account in the name of the said company at the Cheongju-dong branch of the Korea Exchange Bank.

Then, around January 25, 2013, the Defendant and B issued a passbook to accounts in the name of C and E Co., Ltd. on three occasions, as shown in the attached crime list, to the Cheongju bus terminal located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-si, and received a total of four million won through cash and account transfer from those who are unable to know the above name.

Accordingly, the Defendant conspiredd with B to transfer the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and B;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to seized photographs, seal imprinters, copies of each passbook, cash card copies, each note, business registration certificate, certified transcript of a register, and each detailed statement of transactions;

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 48 (1) 1 of the Criminal Act to be confiscated;

1. The order of provisional payment;

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