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(영문) 춘천지방법원 원주지원 2018.04.12 2018고단93

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 2017, the Defendant used Kwikset service to receive 3 million won from the post office account (C) account in the name of the Defendant in front of the international apartment complex located in 141, Namnam-si, 141, which was located in the middle of August, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of statutes on financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant’s mistake, there is no history of criminal punishment, and even if the Defendant did not obtain profits from the above crime, the crime cannot be committed without such crime, and the victim of fraud who remitted KRW 12 million due to the above crime was actually committed.

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.