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(영문) 수원지방법원 2016.05.12 2016고단337

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

No person shall transfer any access medium.

On October 31, 2014, the Defendant transferred the passbook and card of the Saemaul Treasury (C) account in his name to his name, who is located in the digital complex in Guro-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition for DNA preparation;

1. Application of Acts and subordinate statutes on trading;

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, in light of the fact that the defendant's mistake is against himself/herself, and that the defendant reported the loss within several days after transferring the passbook, etc., as well as all other sentencing conditions shown in the record, such as the defendant's age, sexual conduct, and circumstances leading to the crime, the sentence is made as ordered.