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(영문) 춘천지방법원 원주지원 2020.01.16 2019고단1427

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, 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 2, 2019, the Defendant called “B’s agent “B” from a name-free person who assumes the name “B”, and received a loan by accumulating the transaction performance to the extent of KRW 20 million.” On September 2, 2019, the Defendant received a loan by accumulating the transaction performance as above. On September 2, 2019, the Defendant sent the e-mail card connected to the D account (Account Number: E) under the name of the Defendant at the central post office located in the city of Won-si, Won-si, at around 57, around September 2, 2019.

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 warrant for search, seizure and verification;

1. Application of Acts and subordinate statutes to report internal investigation (a certificate of remittance submitted by a victim and a copy of identification card);

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.

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 take any advantage of the crime of this case.

There is no record that the defendant was punished for the same crime.

As above, the defendant's favorable circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the records.