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(영문) 수원지방법원 2016.08.11 2016고단2683

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 October 2015, the Defendant received KRW 500,00 from a person who was unable to do his/her name from a terminal located in the new Dong-dong, Nam-gu, Nam-gu, Seoul, and transferred a passbook (Account Number B) and a physical card in the name of the Defendant to a person who was unable to do so through high-speed bus cargo.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to remittance statements of a national bank;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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 crime, the crime is not exceptionally against the nature of the crime.

However, taking into account the following circumstances: (a) the Defendant reflects his mistake; (b) there is no benefit acquired by the instant crime; and (c) the head of the Tong, etc. terminates the account within several days after transferring the passbook, etc.; and (d) there is no record of having been punished by the same kind of crime prior to the instant crime; and (b) comprehensively taking into account the circumstances leading to the instant crime, the Defendant’s age, occupation, sexual conduct, and other various sentencing conditions