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(영문) 수원지방법원 2018.01.11 2017고단6717
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2017, the Defendant offered a proposal to the effect that “one million won will be paid to a single-month account,” from a person who was named in the vicinity of Pyeongtaek-si, Pyeongtaek-dong,” and sent one check card linked to the new bank account (C) in the name of the Defendant, and used Kwikset-si for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A protocol of seizure and a list of seizure;

1. Cash cards and photographs seized at the time of arrest;

1. Papers and photographs of seized articles;

1. Cze cards subject to transfer;

1. Application of Acts and subordinate statutes on account transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The conditions favorable to the reasons for sentencing as set forth below): The circumstances favorable to the fact that the instant crime was committed again despite having been punished by a fine on one occasion by putting the same kind of crime: The fact that the instant crime was committed again; the fact that there was no record of punishment exceeding the fine; nor there was no record of punishment exceeding the fine; and the fact that there was no victim of Bosing, etc. in relation to the transferred account, the punishment as set forth in the order shall be determined by taking into account the above circumstances, the Defendant

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