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(영문) 의정부지방법원 2017.03.29 2016고단5485
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 November 3, 2016, the Defendant received 200,000,000 won per 2,000,000,000 won per the e-mail card connected to the passbook from the name in front of the e-mail, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-dong, which

The Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C’s statement;

1. Application of Acts and subordinate statutes stating details of deposit transactions;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant transferred the instant access media was actually used for the singishing crime, thereby causing damage.

If the defendant did not transfer the access media, it would be difficult for a good decent person to be the victim of a financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has led to an offense and has no criminal record, and community service shall be ordered in consideration of the aforementioned circumstances.

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