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(영문) 춘천지방법원 원주지원 2018.01.25 2017고단1223
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 September 1, 2017, the Defendant used Kwikset service to receive 6 million won per week, which was linked to the new bank account (C) in the name of the Defendant in the territory of the Defendant in the territory of the Republic of Korea, and one head of the physical card connected to the same securities account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Personal information and transaction details;

1. Application of Acts and subordinate statutes to each investigation report (for a time, 4,6)

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 of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the criminal act cannot be committed without the crime, and the victim of fraud was actually caused by the above crime.

On the other hand, it is recognized that the defendant reflects the mistake, has no record of criminal punishment, and the circumstances that the defendant did not benefit from the crime are also recognized.

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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