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(영문) 춘천지방법원 원주지원 2018.03.08 2017고단1205
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 August 14, 2017, the Defendant used Kwikset services to receive KRW 2,100,000,000 from the Agricultural Cooperative Account under the name of the Defendant, and used Kwikset services, on the condition that Kwikset will receive KRW 2,100,00 from the Agricultural Cooperative Account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, 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, and even though the Defendant did not obtain benefit from the above crime, the crime of Bosing cannot be committed without such crime, and the victim was actually caused by 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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