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(영문) 춘천지방법원 2018.11.13 2018고단916

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. 2018

3. 27. No person shall use or manage any access medium to commit the crime at a price and lend such medium to another person.

Nevertheless, on March 27, 2018, the Defendant received a proposal that “on the face of lending a e-mail card, the Defendant would use the e-mail card and increase the transaction performance, thereby making loans.” On the same day, the Defendant sent the e-mail card to the above-mentioned person by using the e-mail card (Account Number: B) connected to the passbook in the name of the Defendant at the post office located in the Dong located in Chuncheon City on the same day.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the approach media.

2. No person committing a crime on July 30, 2018 shall use and manage an access medium at a price and lend the access medium.

Nevertheless, on July 19, 2018, the Defendant received a proposal that “on the face of lending a e-mail card, the Defendant would use the e-mail card and increase the transaction performance, thereby making loans.” On July 30, 2018, the Defendant sent the e-mail card connected to the e-mail passbook (Account Number: E) in the D hotel parking lot located in Chuncheon City, Around July 30, 2018, via Kwikset, one copy of the e-mail card connected to the e-mail.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Application of Acts and subordinate statutes to a certificate of transfer confirmation, an application for bank transaction, a statement of account separate transactions, and a certificate of deposit verification;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Code of the community service order is the access media that the defendant lent.