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(영문) 전주지방법원 2018.03.22 2017고단2486
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 2017, the Defendant sent cash cards, bankbooks, etc. connected to the former North Bank Account (C) in the name of the company with limited liability, which was a U.S., a U.S., the representative of which was the Defendant, from a high-speed bus terminal located in Seocho-gu Seoul Special Metropolitan City, Jeonjin-si, the Defendant transferred the access media by hand-to-face delivery from the Nonindicted Party.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Application of Acts and subordinate statutes, such as details of account transactions with former North Korean bank;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: (a) establishing a so-called old-age corporation in order to obtain abnormal loans; (b) opening an account in the name of the corporation; and (c) transferring the access media connected thereto; (c) ordinary people tend to trust the transaction with the corporation to be more safe than the transaction with the individual; and (d) transferring the access media connected to the account in the name of the corporation would raise the possibility of damage from fraud; and (c) the actual Defendant’s transfer of the access media is disadvantageous to the

However, there is no evidence that the defendant has gained a substantial benefit from the crime of this case, and there is no record of criminal punishment exceeding the same kind and fine for the defendant.

The sentence shall be determined as ordered in consideration of the above circumstances, the defendant's age, sex, environment, etc., and all the sentencing conditions.

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