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(영문) 춘천지방법원 원주지원 2019.08.29 2019고단645

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

1. On March 6, 2019, the Defendant: (a) sent one check to the effect that, around 10:00 on March 6, 2019, the Defendant: (b) called “B bank” from a person under a false name who assumes the name “B bank, to obtain a loan by accumulating transaction performance; (c) obtained a loan by accumulating transaction performance; (d) around 17:36 on the same day, the Defendant sent one check to the E Association account (Account Number:F) in the name of the Defendant in front of the D convenience store adjacent to the original city, and (e) lent the means of access by promising that he/she would receive any intangible expected profit for future loans.

2. Around April 11, 2019, the Defendant: (a) called the Defendant to the effect that, on or around April 10, 2019, the Defendant sent a physical card for the purpose of withdrawing the principal and interest to the Defendant, who misrepresented the “G agency,” and (b) promised the lending of the means of access by promising the Defendant to receive an intangible expected interest for future loans from the name infinites; (c) around November 12:10 of the same month, at first, at the first school in the name of the Defendant Young-gu J (Account (Account Number: L) and then, (d) promised the Defendant to receive an intangible expected interest for future loans from the Defendant infinites.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of M and N;

1. Receipts:

1. Data on financial transaction information;

1. Stockholm content;

1. - The application of the Kakao Stockholm dialogue and the Act on Account Records

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

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

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, Internet gambling, and scaming, and the social harm of the means of access is not severe.

The means of access leased by the defendant was used for the crimes of Bosing.