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(영문) 춘천지방법원 원주지원 2018.05.09 2018고단141

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend, keep, deliver or distribute any access medium while receiving, demanding or promising any consideration in using or managing the access medium.

Nevertheless, on November 21, 2017, the Defendant called “on the part of the Defendant who sent a e-mail card, if he sent it, he will execute the loan by accumulating transaction performance,” and was unable to obtain the loan due to low credit, the Defendant would have obtained the loan by accumulating transaction performance as above. On November 22, 2017, the Defendant’s account in the name of the Defendant bank (Account Number C) and two e-mail cards connected to the same post office account (Account Number D) and the same post office account (Account Number D) through Kwikset service article.

Accordingly, the Defendant promised to receive intangible expected profit from future loans by raising credit rating through the details of deposit and withdrawal transactions, and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F’s written statements to statutes;

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

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

1. Article 62(1) of the Suspension of Execution of the Criminal Act (In the case of each of the crimes in this case, the nature and result of each of the crimes in light of the methods and results thereof, and there are any circumstances unfavorable to the defendant, such as that the crime is not less and less specific punishment is committed, but the defendant does not have any criminal records of the same kind, and the defendant has a depth of his mistake, and the motive and circumstances leading up to each of the crimes in this case, the age of the defendant, occupation, family relation, health condition, etc. are taken into account);