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(영문) 광주지방법원 순천지원 2017.03.29 2017고단41
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2016, the Defendant received a proposal from C that “A person may be punished by KRW 70,000 per day per head of a Tong, if he/she lends the head of a Tong.”

On November 7, 2016, the Defendant transferred each passbook and card in two new accounts (number D and E) in the name of the Defendant through high-speed bus freight services at a closed-end terminal located in Gwangjuyang-si around November 7, 2016 to the name in which C designates.

As a result, the Defendant used the electronic financial transaction access media to the name in return for a fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police against B;

1. Account transactions (No. 43 No. 5 of evidence lists);

1. Application of the Kakao Stockholm statutes (Evidence No. 58 No. 58);

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act 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 reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act are as follows: (a) the fact that the defendant recognizes and reflects the crime; (b) there is no record of criminal punishment against the defendant; and (c) the defendant's age, intelligence and environment; and (d) motives and results of the crime, etc., the sentence shall be

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