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(영문) 춘천지방법원 원주지원 2018.07.19 2018고단533

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2018, the Defendant sent three physical cards to the Defendant’s name in front of the 5th apartment house located in the Hanju-si, Hanju-si, 412, through Kwikset-si’s service, under the condition that the Defendant receives three million won per one card for three days, each of which is linked to the Defendant’s name (B), the SC Bank account (C), and the Industrial Bank Account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to the investigation report (9) at least once;

1. Article 49 (4) 2 and Article 6 (3) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the defendant's mistake, there was no record of criminal punishment except once a fine, and the defendant was unable to obtain any benefit from the above crime. However, without such crime, the crime cannot be committed, and the victim was actually victimized by the above crime with a significant amount of KRW 3.9 million.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.