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(영문) 의정부지방법원 2016.09.12 2016고단2339
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant: (a) received money from the Defendant’s account in return for giving money to the account in the name of the Defendant; and (b) delivered Kwikset with a head of passbook (foreign exchange bank: B) connected to the Defendant’s name.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of transactions of each passbook;

1. Temporary employment contract;

1. Characteric message photographs;

1. Application of the unredeemed statute;

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. In light of the fact that the access media that transferred to the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act can be used for other crimes, such as scaming, etc., such crimes need to be punished, so it is inevitable to punish such crimes.

The punishment as ordered shall be determined by taking into consideration various sentencing conditions recorded in the records, such as the fact that the defendant has been convicted ten times, the fact that the defendant has a 10-time disability in brain path, the age, sex, environment, motive and circumstances leading to the crime of this case, means and results thereof, and the circumstances after the crime.

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