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(영문) 춘천지방법원 원주지원 2018.01.11 2017고단1123
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

around 16:00 on January 11, 2017, the Defendant sent a physical card connected to the new bank account (C) held in the name of the Defendant in front of the Won-si, and a physical card linked to the bank account (D) through Kwikset Service Articles, subject to the Defendant’s receipt of KRW 6 million for two months.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to deposit receipts and response materials by financial institutions;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant’s mistake, the Defendant was an initial offender who has no record of criminal punishment, and was unable to obtain profits from the crime. However, without such a crime, the crime cannot be committed, and in fact, the case was serious injury caused by the 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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