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(영문) 수원지방법원 안산지원 2014.05.14 2013고정2071
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 24, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Northern District Court, and two years of suspended execution on January 1, 201, and the above judgment became final and conclusive on May 24, 2013, the Seoul Northern District Court (hereinafter referred to as “the preceding sentence”); (1) on September 27, 2013, three months of imprisonment with prison labor for nine frauds (hereinafter referred to as “second prior to the final judgment”); (1) on two frauds and one attempted frauds committed after the final judgment with the preceding sentence, the Defendant was sentenced to imprisonment with prison labor for three months (hereinafter referred to as “third prior judgment”).

On November 14, 2012, the Defendant: (a) issued a passbook to a person who was unaware of his name in front of the Saemaul Depository in Gyeyang-si, which was in Ansan-si; (b) received the document necessary for the issuance of the passbook from the above person who was unaware of his name; and (c) obtained the passbook and the check card from the account of community credit cooperatives (B), which is the means of electronic financial transactions in the name of non-indicted S Points; and (d) transferred it to the above person

Summary of Evidence

1. Defendant's legal statement;

1. An application for opening an account and a statement of transactions;

1. Previous convictions in judgment: Application of references to criminal records and investigation reports (verification of the fixed date of related cases) and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

1. The latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes [the crime of this case and each crime of this case, which has become final and conclusive; ① the crime of this case, which has been committed after the judgment with the previous department became final and conclusive, cannot be adjudicated at the same time from the beginning as the crime of this case, and thus, the crime of this case does not constitute a concurrent crime between each crime with the previous department and the latter part of Article 37 of the Criminal Act (see Supreme Court Decision 2014Do469, Mar. 27, 2014)]

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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