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(영문) 춘천지방법원 원주지원 2019.09.19 2019고단709

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

On October 7, 2018, the Defendant called “B Bank’s affiliates” from a nameless person who misrepresents himself/herself as a member of the affiliate of “B Bank” to obtain a loan by accumulating transaction performance by accumulating transaction records. On November 7, 2018, the Defendant sent one e-mail card connected to B Bank’s account (Account Number: E) to a nameless person on his/her own.

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. A statement prepared in F;

1. A certificate of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes on details of financial transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion, scaming, etc., and the social harm of the means of access is not severe.

The means of access leased by the Defendant was used for the crime of Bosing.

On October 30, 2012, the Defendant committed the instant crime even though he had the record of being sentenced to the suspension of indictment for the same kind of crime.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.

The defendant did not acquire any substantial benefit from the crime of this case.

As above, considering the circumstances and the defendant's age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the present arguments and records.