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(영문) 창원지방법원 진주지원 2016.03.30 2015고단1127
전자금융거래법위반
Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 2,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Around July 2013, Defendant A transferred an electronic financial access medium by transferring a passbook and an OTPP card connected to the account (Account Number F) opened in the name of Korea bank in the name of Jinju-si, Seoul-si, along with a password to a person who is not his/her name.

2. Around May 18, 2015, Defendant B transferred an electronic financial access medium by transferring a passbook and an OTP card connected to the account opened under the name of the Defendant in front of the National Bank in the name of the Defendant at the time of Jinju-si (Account Number G) to H along with a password.

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' statements in the first public trial protocol

1. Details of deposit and withdrawal transactions (the 106th page of investigation records), application of Acts and subordinate statutes on account details of Korean banks (the 84th page of trial records);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and Trades and fines, respectively, concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) all of the Defendants without the same record; (b) Defendant B’s own rescission of the passbook account that he transferred; and (c) motive and consequence of the instant crime; and (d) the conditions for sentencing indicated in the record, such as the circumstances after the instant crime, etc., shall be determined by taking into account the following circumstances.

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