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(영문) 춘천지방법원 원주지원 2019.06.12 2019고단302

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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, the Defendant, on October 2018, called “on the face of sending a physical card, to borrow up to KRW 10 million by accumulating the transaction performance” from a person with no personal seal on his/her name, and received a loan by accumulating the transaction performance, and around that time, the Defendant sent a copy of the physical card connected to the D account (Account Number: E) in the name of the Defendant before the Gangwon-si Seoul Special Metropolitan City, through Kwikset service article.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (i.e., the confession, the previous conviction, and the previous imprisonment without prison labor or any heavier punishment, and circumstances of crimes);