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(영문) 춘천지방법원 원주지원 2019.06.12 2019고단309

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation.

Nevertheless, the Defendant, at around October 25, 2018, called “B’s agent for a lending company” from a name-free person who assumes the name “B’s account,” and sent the name-free person via Kwikseter service, following the Defendant’s post office account (Account Number: E), FF association account (Account Number:Account Number) connected to each of the Defendant’s name, and H “H bank account (Account Number: I), K Bank account (Account Number: Account Number) connected to Kwikseter’s account (Account Number): and 4 total amount. < Amended by Presidential Decree No. 24284, Oct. 25, 2018; Presidential Decree No. 24248, Oct. 25, 2018; Presidential Decree No. 24206, Oct. 25, 2018; Presidential Decree No. 24200, Feb. 1, 2015>

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Live petition;

1. The application of Acts and subordinate statutes to report on criminal investigations, such as stuffs sent to his/her name or identification card photographing pictures, M taken in exchange with his/her name in an irregular manner;

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

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

1. Article 62 (1) of the Criminal Act on suspended execution (The number of means of access leased is large quantity, confessions of defendants, initial crimes, etc.);