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(영문) 춘천지방법원 원주지원 2017.11.30 2017고단957
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:30 on June 20, 2017, the Defendant: (a) sent a cash card connected to the national bank account (C) account under the name of the Defendant, and (b) sent a copy of the physical card connected to the post office account under the name of the Defendant, via Kwikset service article, on the condition that the Defendant receives KRW 6 million from January.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written petition and each written statement;

1. Application of details of transactions, each statement of deposit confirmation, and statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions 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 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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