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(영문) 춘천지방법원 원주지원 2018.11.29 2018고단1020
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

On June 20, 2018, the Defendant sent two physical cards connected to the post office account (C) and the agricultural bank account (D) in the name of the Defendant in the name of the Defendant, through Kwikset Service Articles, subject to the receipt of KRW 3 million per month of each card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to data sent by a bank to domestic stations and financial institutions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant’s mistake, there is no history of criminal punishment, and the Defendant was unable to obtain any benefit from the crime. However, without such a crime, the Defendant could not be committed, and the victim was victimized by remitting KRW 5 million to the above account.

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.

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