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(영문) 대전지방법원 2016.05.11 2016고정397

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 24, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of arsoning the present building at the Daejeon District Court on February 16, 2016, and the judgment became final and conclusive.

On November 2014, the Defendant: (a) received a proposal from Cheongju Agricultural Cooperative Co., Ltd., a fishing village, “The president of a business establishment in which he works in the Republic of Korea grants KRW 30 to 500,000 per head of Tong; (b)” and accepted the proposal; (c) received a new passbook of the Agricultural Cooperative Account (Account Number) in the name of the Defendant at the Cheongju Agricultural Branch located in the area corresponding to Cheongju-si, Cheongju-si on November 25, 2014; (d) opened an account (Account Number:D) in the name of the Defendant at the Cheongju Agricultural Cooperative located in the area corresponding to Cheongju-si located in the area corresponding to Cheongju-si, one day; and (d) thereafter, transferred the passbook and cash card of the said account to the needy party through B, and transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Warrant replys, investigation reports (to hear statements and reports on victims E), investigation reports (to hear statements from the F of the cooperative of high credit rating);

1. Detailed details of the transfer process and application of Acts and subordinate statutes of the transaction specification table;

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;