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(영문) 수원지방법원 여주지원 2017.09.29 2017고단467

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2017, the Defendant agreed to receive KRW 2,00,000 per month in return for lending the account by receiving text messages and telephone, and sent a physical card connected to the post office account under the name of the Defendant using Kwikset in front of the post office, which is located on the platform of the Gyeonggi Pyeong-gun 87, to the name of the Defendant. The Defendant sent the physical card connected to the post office account under the name of the Defendant using Kwikset in front of the post office, in return for lending the account with a text message and telephone.

Accordingly, the defendant promised to receive compensation and lent the access media of electronic financial transactions.

The defendant of "2017 Highest 721" did not have an intention or ability to pay the purchase price with the loan from the victim case capital stock company.

Nevertheless, on August 19, 2016, the Defendant entered into a loan agreement with the victim company as “10,70,000 won for loans, 24 months for the lending period, 549,310 won for monthly installments, and 20 days for settlement date,” at the office of the victim company in Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 353, Yangcheon-ro, Seoul, and paid in good faith the installment amount.

A false statement was made.

As above, Defendant acquired the pecuniary benefits equivalent to the same amount by deceiving the victim company and not paying the installment amount.

Summary of Evidence

1. The defendant's statement at court (2017 highest 467);

1. Written statements of D;

1. Detailed statement of transactions "201 high group 721";

1. Application of Acts and subordinate statutes on the statement protocol to E;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The fact that the Cze Card provided by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence has been used in singing with severe social harm, and that it can also be seen as the Defendant.