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(영문) 수원지방법원 성남지원 2015.07.09 2015고정445
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to a suspended sentence of two years on October 10, 2014 by imprisonment with prison labor for gambling opening, etc. at the Sungwon District Court's Sungnam branch, and the judgment became final and conclusive on May 31, 2014.

1. On December 1, 2013, the Defendant acquired the means of access by putting the passbook, cash card, and passwords in the bank account (Account Number: C) in the name of a bank in the name of the means of access from B in the vicinity of Suwon-do 17 Suwon-ro 17 Suwon-do.

2. On December 2013, 2013, the Defendant transferred the passbook, cash card, and password to E in the name of the bank account (Account Number: C) in the name of the means of access, to E in the vicinity of the dwelling area of the branch of the Gyeonggi-si branch of the Party.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Examination protocol of suspect E by the prosecution;

1. Previous records: Application of investigation reports (Attachment of a copy of judgment) and criminal records-related Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are ex post concurrent crimes with the reasons for sentencing, taking into account equity in cases where the judgment is to be rendered.

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