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(영문) 춘천지방법원 원주지원 2019.09.20 2019고단321

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

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, on January 1, 2019, the Defendant called to “I will lend 1.8 million won when I borrowed cke card for three days,” and sent a copy of the cke card connected to C (Account Number: D) account in the name of the Defendant in front of the Defendant’s house located in Gangnam-gun, Gangwon-do, Gangwon-do, 19:00 on the same day.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes concerning criminal records;

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

1. Article 62(1) of the Criminal Act suspended execution (in the case of the crime of this case, the crime of this case is committed in light of its method and result, etc., and there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is not less than that of the defendant, the defendant does not have any previous punishment and sentence, and the defendant does not have any previous punishment in depth, and the detention of the defendant involves excessive difficulty for his family members, and all other circumstances, such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relation