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(영문) 전주지방법원 2018.04.04 2018고단74
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 July 19, 2017, the Defendant listened to the statement that “the Defendant would establish a juristic person and have the head of the Tong raised loans by raising the transaction performance.” On July 19, 2017, the Defendant transferred one passbook and one physical card connected to the bank account (C) established by the Defendant to the account (C) of the person B established by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the respective laws and regulations of D, E, F, G, H and I

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 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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