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(영문) 수원지방법원 성남지원 2016.11.30 2016고단3303
전자금융거래법위반
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, each of them is prohibited.

Reasons

Punishment of the crime

No person shall transfer a means of access.

1. On April 2015, Defendant A transferred a financial institution’s means of access at the PC near Sungnam-si, the Defendant: (a) opened a passbook to the national bank account (number D) in the name of the Defendant; and (b) received in return KRW 500,000,000 from the non-indicted on the part of the Defendant’s name.

2. From April 2015 to May 2015, Defendant B transferred the means of access to financial institutions by holding a passbook, check card, and OTP card to the national bank account in the name of the Defendant (number: E) and receiving 700,000 won in return, from the 280 subway station near the subway station located in Sungnam-si, as the Sinnam City’s Sinsan-si was located in 280, the Defendant transferred the means of access to financial institutions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reinforcement evidence of the police interrogation protocol (including attached materials) attached to Defendant B on the part of Defendant B: 1. Application of the reinforcement certificate (in the investigation record, 13-18 pages, 22-24 pages), and the reinforcement evidence against Defendant B (in the investigation record, 16 pages, etc.)

1. Relevant legal provisions concerning facts constituting an offense and the choice of punishment under Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendants’ account transferred by the Defendants was used as an illegal gambling account, etc. However, the Defendants did not have any particular criminal history (However, Defendant B had a record of punishment for drunk driving in 2008), the confession of the instant crime, and the Defendants’ age, character and conduct, family relation, family environment, motive and means of the crime, circumstances after the crime, and the balance of sentencing with the same case shall be determined in light of the following factors:

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