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(영문) 서울중앙지방법원 2018.01.24 2017고단7006 (1)

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 17, 2017, the Defendant: (a) 105, a 105-ro 105-ro, Seoul High School No. 105-ro, the Defendant received and distributed the physical card connected to C’s name bank account (D); (b) C’s title agricultural bank account; (c) F’s title agricultural bank account; (d) F’s e-mail card connected to F’s name bank account (G); (e) e-mail card connected to F’s name bank account (H); and (e) e-mail card connected to F’s name bank account (J); (e) I’s e-mail card connected to F’s name agricultural bank account (K) with the knowledge that it would be used for committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of suspects of L by each prosecution;

1. The defendant and his defense counsel asserts to the effect that the defendant had weak ability to discern things or make decisions due to mental disorders at the time.

However, according to the records of the medical certificate of the post-disabled disability against the defendant, it is recognized that the defendant received pharmacologic treatment and treatment due to a climatic mental disorder from February 18, 2009 to September 2009, but considering the contents of text messages sent and received with L at the time of committing the crime in this case, the defendant's investigative agency and its statement contents and attitude in this court, etc., it cannot be seen that the defendant lacks the ability to discern things or make decisions due to the above disability at the time of committing the crime in this case, and thus, the above assertion is rejected).

Application of Statutes

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

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

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions as indicated in the instant records, such as the following circumstances and the Defendant’s age, sex, environment, motive and consequence of the crime, and the circumstances after the crime, shall be imposed in full view.