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춘천지방법원 원주지원 2017.06.27 2017고단424
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

At around 14:00 on December 6, 2016, the Defendant lent the C, 408, and 3.5 million won in return for the Defendant’s new bank account (D) in the name of the Defendant in front of the 3.5 million won, via Kwikset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on response to financial 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, the selection 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, the Defendant was the first offender with no record of criminal punishment, and the Defendant was not able to obtain profits from the above crime. However, without such a crime, the crime cannot be committed, and the victim of fraud was actually committed due to the above crime.

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.