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(영문) 수원지방법원 2019.05.02 2018고단3234
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Around March 16, 2016, the Defendant: (a) received a proposal from a person in distress of name, to the effect that “to purchase a passbook and physical check at KRW 5 million” in the vicinity of Suwon-si, Suwon-si, Suwon-si, the Defendant transferred the means of access by sending the physical card connected to one bank account (B) under the name of the Defendant to a person in distress through Kwikset-si services.

On March 14, 2019, the Defendant: (a) around 00:35 on March 14, 2019, at the “E” operated by the victim D in Suwon-si C, Suwon-si; (b) opened cement bricks in front of the neighboring commercial building at the entrance with a glass of KRW 300,000,00 of the market price; (c) opened a locking system, and opened a locking system, and intrudes into it, and put approximately KRW 65,00,000 of the cash owned by the victim, which was located in the C of Suwon-si.

Accordingly, the Defendant destroyed door at night and invadedd the structure that the victim can receive, thereby cutting down the victim’s property.

Summary of Evidence

"2018 Highest 3234"

1. Defendant's legal statement;

1. Written statements of D;

1. The certificate of the results of electronic financial transfer, and the results of the execution of a financial warrant (A) 2019 order 1313;

1. Defendant's legal statement;

1. Statement of damage from D;

1. A report on the results of field identification;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (specific as a suspect), report on investigation (the relative investigation of the victim and the amount of damage);

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 1, 6 (3) 1 (the occupation of transfer of means of access and the selection of imprisonment), 331 (1) and 330 of the Criminal Act;

1. Grounds for sentencing among concurrent crimes: The reason for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the above two crimes)

1. The scope of punishment by law: Imprisonment with prison labor for one to 13 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special thief);

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