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(영문) 춘천지방법원 원주지원 2020.02.05 2019고단1072

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 one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around May 2019, the Defendant: (a) called the “C agent” of the “B” from a person without a name, who assumes the “C agent”; (b) sent the C Card connected to the F bank account in the name of the Defendant in the name of the non-person, to the effect that the Defendant should use another person’s account for the purpose of tax reduction or exemption; (c) on July 17, 2019, the Defendant called the “C agent” and sent the C Card in the name of the non-person with three million won under the condition that the Defendant will use 3 million won on the condition that it will use 3 days per 1/1 of the C Card; and (d) around July 17, 2019, the Defendant sent the C Card connected to the F Bank account in the name of the Defendant.

Accordingly, the Defendant loaned the means of access to another person in return for promise.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to I;

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 suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there is no criminal record against the defendant, such as the nature of the crime and the result thereof, in light of the method and circumstances, etc., but there is no criminal record against the defendant, and that the defendant has a depth of his mistake, and all other circumstances, such as the motive and circumstances of each of the crimes in this case, the circumstances after the crime, age, occupation, family relationship