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(영문) 수원지방법원 안양지원 2015.08.13 2015고정623
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On 2014, the Defendant was asked to transfer the head of the Tong and the e-mail card from the person who was in the name of the deceased in spring, and around that time, transferred the head of the Tong and the e-mail card under the name of the Defendant to the person who was in the name of the deceased in spring.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to warrant correspondences (personal information of customers in our bank account transactions, etc.);

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

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

1. The defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order may be forced to leave the country when a fine of three million won is maintained, and the reduction of the fine is sought. There are favorable circumstances such as that the defendant has no record of criminal punishment or investigation in the Republic of Korea and has led to confession of the crime itself.

However, from June 1, 2014 to January 9, 2015, it is confirmed that money has been continuously deposited and withdrawn for a long time from the bank account as indicated in the holding. It is revealed that this account was used for the crime of sales through the Internet shopping mall and the investigation of this case began, and that the defendant continues to maintain the relationship with the person using the passbook, such as asking the police about the reason for suspension of payment to the police during the investigation of this case, and that the defendant stated in the police investigation that he was aware of the name and nationality of the "type" and that he was aware of the contact or address, and that the defendant stated that he was aware of the fact that he had a legal problem in the process of the investigation and trial of this case.

In this regard, in consideration of the punishment of the prosecutor's old (a fine of three million won) and the sentencing cases of the recent same kind of cases, a fine of three million won of the summary order shall be maintained as it is.

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