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(영문) 수원지방법원 2017.06.28 2017고단1803
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On December 15, 2016, the Defendant issued a proposal to the effect that, in the vicinity of the gas station located in C, the Sinnam-si, the Sinnam-si, the Sinnam-si, the Defendant sent the physical card, which was linked respectively to the national bank account (D) and the NA Account (E) in the name of the Defendant, to the non-indicted 70,000 won per each account, from the non-indicted 1’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared in relation to F and G:

1. Application of Acts and subordinate statutes on transaction details, transaction details, transaction specifications, account transaction details, and account transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a violation of the Electronic Financial Transactions Act concerning a physical card of a national bank with heavier penalty);

1. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

1. The circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouse - The access media transferred by the defendant was used for financial crimes and additional victims have occurred. - The damage recovery for the victim was not achieved. The most favorable circumstances - the defendant recognizes all criminal facts. - The defendant has no record of being sentenced to a fine exceeding the fine so far and there is no record of punishment for the same kind of crime. The sentencing is ordered in consideration of all the sentencing conditions revealed in the trial process in each of the above circumstances.

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