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(영문) 전주지방법원 2018.04.18 2017고단2249

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on January 9, 2014; on March 14, 2014, the Jeonju District Court sentenced to three months of imprisonment with prison labor for special larceny, etc.; on May 2, 2015, the execution of the sentence was terminated at a military prison; on November 19, 2015, the Jeonju District Court sentenced two years of imprisonment with prison labor for intrusion into night buildings, larceny, etc. at the Jeonju District Court on November 27, 2015; and on September 7, 2017, the judgment became final and conclusive on February 5, 2018.

【Criminal facts” The Defendant listened to the horses that the head of the Tong and the head of the Tong must be established in order to obtain a work loan, and around June 29, 2015, the Defendant transferred the passbook, physical card, and OPT connected to the No.C. (E) account in the name of the Defendant, the representative of the Defendant, to the said C.

Summary of Evidence

1. Statement by the defendant in court;

1. (N) The details of deposits into the AFFC and (N) the details of deposits into the AFFC Account;

1. Specified financial transaction information and report on internal investigation (related to the details of commencement of internal investigation and attaching FIU data);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (suspect A, repeated offense, and confirmation of the fact that judgment is pending);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the circumstances favorable to the sentencing of Article 39(1) of the Criminal Code to the effect that the defendant acknowledges his mistake and reflects his fault, there is no data that the defendant has gained from the crime of this case, and that the equity should be taken into account when the judgment is rendered simultaneously with the previous conviction in the relationship of concurrent crimes.

Unfavorable circumstances: the defendant is so-called the so-called old-age corporation to obtain abnormal loans.