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(영문) 수원지방법원 2017.07.13 2017고단2044
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 2016, the Defendant transferred the access media by sending physical cards, etc. connected to the Defendant’s bank account (C) to the Nonindicted Party in the vicinity of the Defendant’s dwelling in Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, and F;

1. Application of the Acts and subordinate statutes to our bank replies;

1. Article 49 (4) 1, Article 6 (3) 1, and Article 2 subparagraph 1 and 10 of the Act on Electronic Financial Transactions, the selection of fines for criminal facts, Article 49 (4) 1, and Article 6 (3) 1 and 10 of the Act on Electronic Financial Transactions, and the selection of fines

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

1. While predicting the possibility of being used in illegal transactions for pecuniary interests, the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime, thereby disrupting the financial transaction order.

The access media was actually used for fraud and illegal transactions, and the third victim was charged.

Although the Defendant had committed the same kind of crime before the instant case and had been sentenced to suspension of indictment on May 20, 2014, the Defendant once again committed the instant crime, thereby disrupting the financial order.

The defendant seems to have received KRW 500,00 in return for the actual crime.

However, the Defendant is against the instant crime.

The Defendant committed the instant crime on account of the lack of economic circumstances, including the progress of individual rehabilitation, etc. In addition, the Defendant’s age, sex, motive, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the record, and all of the sentencing conditions indicated in the instant arguments and records, such as the record, shall be determined as follows.

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