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(영문) 광주지방법원 2016.08.31 2016고정1321
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[The charges of criminal records do not contain any part of the records of the crime, but the facts of the criminal records falling under the latter part of Article 37 of the Criminal Act are not criminal facts, but criminal facts falling under the sentencing grounds, and the facts of the criminal records can be recognized by each of the following evidences, thereby adding this part to recognizing them.

On October 27, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor for habitual special larceny, etc. at the Gwangju District Court, and the judgment became final and conclusive on November 4, 2015.

[2] On February 17, 2015, the Defendant heard that “the head of a Tong may be punished by money from the Government of the Government of the Government of Gyeonggi-si, Gyeonggi-do,” and that “the head of a Tong may be punished by money from the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Gyeonggi-do,” and transferred the head of a Tong and a passbook connected to the account of the Government of the Government of the Government of the Government of the Bank of Korea, and the head

Summary of Evidence

1. The defendant's legal statement D or B, each police's statement protocol, and bank transaction statement (A);

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), investigation reports (Attachment to the text of the judgment, etc.), summary information of consolidated cases, and application of the text of the judgment;

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

1. The crime of transferring an access medium provided for in Articles 40 and 50 of the Commercial Concurrent Act (the crime of transferring a number of access media as indicated in the judgment) is established by one crime for each access medium in violation of each of the Electronic Financial Transactions Act. However, the act of transferring a number of access media in a lump sum is a case where multiple access media are committed by a single act in violation of several access media, and each of the crimes is in a commercial concurrent relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010, etc.).

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The following circumstances are the reasons for sentencing of Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse.

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