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(영문) 춘천지방법원 원주지원 2018.07.19 2018고단537
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 March 30, 2018, the Defendant sent two physical card linked to the Defendant’s name “D cafeteria” account and the Saemaul Treasury account (F) account in the name of the Defendant on March 30, 2018, through Kwikset Co., Ltd., with a condition of receiving KRW 600,000 per day, on the condition that he receives KRW 60,000 per day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize the Defendant’s mistake, there was no record of criminal punishment except once a fine, and the Defendant was unable to obtain any benefit from the above crime, but without such crime, the crime of Bosing can not be committed, and in fact, the money presumed to have been deposited as the amount of fraud damage exceeding KRW 12 million with the account linked to the above physical card was deposited and withdrawn.

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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