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(영문) 전주지방법원 2017.09.07 2017고단1158
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

"2017 Highest 1158"

1. The Defendant would give KRW 100,000,00 to the Defendant who sent one check card from a person who has no name to his/her name.

" Upon receipt of the proposal, on April 10, 2017, the post offices located in Kim Jong-si, Kim Jong-si located in North Korea, one physical card connected to the No. 3 (B) account opened in the name of the defendant was sent to the above person in the name of the defendant.

"2017 Highest 1407"

2. On April 12, 2017, the Defendant would give KRW 1,00,00,000 to the Defendant who sent a e-mail card to a post office near Daejeon-dong-gu, Daejeon-gu, Daejeon-gu, with the name-unexplosive from a person on the part of his/her own.

“I hear the horses and lend the access media by sending the cash card, which is an access medium connected to the new bank account (C) in his/her name, to the person in whose name the card was not given by mail.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A statement of transaction details, a written confirmation of electronic financial transfer results, an application for transaction, and a detailed statement of deposit transaction (the facts listed in subparagraph 2 of the judgment);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the lending account and its details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Specialized Financial Transactions (or Selection of Imprisonment with prison labor) concerning facts constituting an offense and Article 49 (4) 2 of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and the background leading up to, and the method of lending, and the consideration received by, the Defendant appears to have been able to have anticipated to a certain extent that the access media was used for the illegal purpose of crime, etc. In full view of the circumstances such as the fact that the Defendant’s access media transferred by the Defendant was ultimately used for the crime of fraud and that the secondary damage was caused, the Defendant should be punished as imprisonment even in consideration of the favorable circumstances such as the fact that the Defendant did not have any history of criminal punishment and recognized his mistake and reflects it.

Determinations shall be made.

However, part of the above.

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