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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단860

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

1. On April 15, 2019, the Defendant, on or around April 11, 2019, called that “a loan will be made by stockpiling a transaction performance on the part of sending a e-mail card to a lender’s staff member.” On April 15, 2019, the Defendant, at around 17:00, sent a copy of the e-mail card connected to the post-building B’s new bank account in the name of the Defendant at the Won-si Guard Office (Account Number (Account Number: C) and had the e-mail find it.

2. On April 17, 2019, around April 17, 2019, the Defendant: (a) received a call from a person in secret name who assumes the name-based employee of a lending company to “to provide a loan by accumulating transaction records if he/she sends the e-mail card; and (b) to use the e-mail card thereafter for interest and withdrawal of principal; (c) received a re-issuance of the e-mail card connected to the account listed in paragraph (1); and (d) sent a e-mail card to the e-mail using the e-mail bus terminal located in 181 as the e-mail of Won-si, 15:00 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Each detailed statement of deposit;

1. Application of Acts and subordinate statutes, such as account transactions (A);

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion, scaming, etc., and the social harm of the means of access is not severe.

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

The defendant lent the means of access twice.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

Defendant’s loan.