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(영문) 춘천지방법원 원주지원 2018.01.25 2017고단1193

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 September 12, 2017, on September 14:0, 2017, the Defendant used Kwikset service to receive 200,000,000 won from the community credit cooperative account (C) in the name of the Defendant in front of the Defendant, on condition that he receives 1 copy of the physical card connected to the community credit cooperative account (C) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to transfer;

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 grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution recognize the Defendant’s mistake, the first offender who has no record of criminal punishment, and was unable to obtain profits from the above crime; however, the crime cannot be committed without such crime, and the victim of fraud was actually caused by the above crime.

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.