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(영문) 수원지방법원 2016.07.21 2016고단3041
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 October 2015, the Defendant received 1 million won in cash from D offices located in Suwon-si C and 2, from the Defendant’s name bank account (F) and the head of the NAC and the head of the NAC and each of the above accounts, each of which led to the name omitted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a report on investigation (execution of an account seizure warrant);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of crime not only impairing the trust in financial transactions, but also other crimes. In light of the fact that the passbook transferred by the defendant was actually used for the actual fraud crime, the crime is not less light of the nature of the crime.

However, in light of the circumstances leading to the instant crime, including the Defendant’s age, occupation, and sexual behavior, the sentence is ordered as ordered, taking into account the following factors: (a) the Defendant’s mistake is against the Defendant; and (b) the initial offender is the first offender; and (c) all the sentencing conditions shown in the records and changes.

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