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(영문) 춘천지방법원 원주지원 2019.06.20 2019고단342

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 4, 2018, the Defendant: (a) obtained a loan from a person without his/her name to “to extend credit rating if he/she sent a physical card; (b)” and agreed to obtain the loan; (c) around December 5, 2018, the Defendant sent one e-mail card and one head of Tong connected to the B bank account (Account Number: C) in the name of the Defendant to a person with no name, from a e-mail bus terminal located in E-cheon-si, Leecheon-si, Leecheon-ro, 1200, to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A remittance statement;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access, and the relevant crime is not less severe.

The means of access leased by the Defendant was used for the crime of Bosing.

A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.

The defendant did not take any advantage of the crime of this case.

The defendant is an initial offender who has no record of criminal punishment.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.