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(영문) 춘천지방법원 원주지원 2019.02.13 2018고단1236

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 in the use and management of the means of access.

Nevertheless, on August 14, 2018, the Defendant lent one physical card connected to the Defendant’s name-free account (D) for three days to the name-free person, who became aware of the advertisement purpose, at the front of the original city B apartment, by means of a flusing method to the person sending the above name-free person, under the condition that he/she lends three million won to the name-free person who was aware of the advertisement purpose, and received three million won.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on response to financial data of C Bank;

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 (in the case of the crime of this case, the crime of this case shall be deemed to be committed in light of the method and result thereof, and there are other circumstances unfavorable to the defendant, such as the nature of the crime and the crime committed less than that of the crime, but not less than that of the previous crime and the suspended execution. The defendant does not have any previous crime and not less than that of the defendant, and his mistake is divided in depth, and the motive and circumstance of the crime of this case, circumstances after the crime, age