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(영문) 수원지방법원 2016.05.12 2016고단205

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 2, 2015, the Defendant would give KRW 2,00,000 per month to the head of the Tong and the body card in front of the C convenience store located in Suwon-si, Suwon-si B.

“A person whose name is not known and whose name the person was sent by the deceased under the proposal of a person whose name is not known, the head of the Tong and the eck card connected to the new bank account (D) in the name of the defendant was drawn up.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on investigation (a warrant of search and inspection of evidence);

1. Application of Acts and subordinate statutes on details of the results of transfer management to each user;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of crime not only impairing the trust in financial transactions, but also other crimes. In light of the fact that the passbook transferred by the defendant was actually used for the actual fraud crime, the crime is not less light of the nature of the crime.

However, considering the fact that the defendant reflects his/her mistake and has no record of punishment beyond the fine, the defendant's age, sex, etc. and all the sentencing conditions shown in the theory of change, the decision is made as shown in the Disposition.