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(영문) 춘천지방법원 원주지원 2017.04.20 2017고단19
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

The Defendant and C promised to receive 50,000 won per month a physical card linked to the post office account (D) under the name of the Defendant and to lend it to the non-exclusive liquor company.

On August 11, 2016, the Defendant sent the above physical card to C at the Defendant’s residence located in Suwon-si E, 20 Dong 406, and C, around 16:00 on the same day, sent the above physical card to the taxi engineer who sent his name to the Defendant who was not the winners of the physical card at the cross-section of the Sinwon-gun, Gyeongwon-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense; Article 30 of the Criminal Act; the choice of imprisonment with prison labor;

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 the benefit through the above crime, the crime cannot be committed without such crime, and the victim of fraud was actually caused by the above crime.

However, it is difficult to provide community service due to the fact that the degree of damage caused by fraud is not severe, there is no record of criminal punishment for the same kind of crime, there is no record of criminal punishment after 2012, and the head surgery, etc., and it seems difficult to provide community service due to the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances that are conditions for sentencing indicated in the records,

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