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(영문) 수원지방법원 2018.05.02 2017고단8391

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:30 on May 31, 2017, the Defendant: (a) at the Osan City bus terminal located in 69 an Osan City square, under the direction of a person without his name; (b) at the SC Japan Bank C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-S-S-S-S-S-C-S-S-S-S-S-S-C-S-S-S-S-S-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. 피고인과 J의 위 챗 대화, 카드 등 사진, 통화 내역

1. Application of Acts and subordinate statutes on the total list of seized articles;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of the applicable sentences] / imprisonment with prison labor for not less than one month but not more than four years and six months (the determination of a sentence): In light of the fact that there is a need to strictize the transfer of access media which is the starting point of the crime of Bosing, the Defendant is aware of illegality, and the Defendant is acting as an access medium collection and delivery method, and the liability for the crime is not easy: The Defendant shows an attitude to recognize and reflect his mistake; there is no history of crime; the period of participation in the crime was one day on May 31, 2017; the Defendant is arrested in this line (K) by actively cooperating with the investigation; and the Defendant’s age, occupation, environment, circumstances of the crime of this case; and circumstances after the crime, etc. are considered as the sentencing condition prescribed in Article 51 of the Criminal Act.