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(영문) 춘천지방법원 원주지원 2017.08.24 2017고단644
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 28, 2017, the Defendant: (a) received KRW 200,000 per month in return for the transfer of passbook to a person in front of the large apartment complex located in the short-term Dong Dong-si, Won-si; (b) via Kwikset Service Articles, assigned a accessible medium by sending one of the Skwikset Card (Account Number: B) and informing him of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes, such as a written confirmation and a detailed inquiry about transaction details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and 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, the Defendant was the first offender with no record of criminal punishment, and the Defendant was not able to obtain profits from the above crime. However, without such a crime, the crime cannot be committed, and the victim of fraud was actually committed due to 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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