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(영문) 춘천지방법원 원주지원 2017.08.24 2017고단643
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 March 20, 2017, the Defendant: (a) around 80, 201, sent a physical card connected to the Defendant’s new bank account under the name of the Defendant before the original bank branch of the original bank, the Defendant, via Kwikseter’s news articles, provided that the Defendant received KRW 3 million from the new bank account under the name of the Defendant for one month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Copy of the police statement made to D;

1. Application of Acts and subordinate statutes to a copy of a check;

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, the selection of imprisonment with prison labor;

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, is the first offender subject to criminal punishment, and the defendant was not able to obtain profits from the above crime, but 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.

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