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(영문) 춘천지방법원 원주지원 2017.10.26 2017고단839
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 May 25, 2017, the Defendant transferred the physical card of the national bank account (C) in the name of the Defendant, on the condition that he would receive 2 million won from the deceased and disabled, in the name of the Defendant, at around 17:30, the Won-gu Won-si, the Won-si, the Won-si, the Won-si, the Hanju-si, at around 104.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions in a national bank account, and application of statutes on personal information;

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 unable to obtain profits from the above crime, but the crime cannot be committed without such crime, 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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