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(영문) 춘천지방법원 원주지원 2018.08.22 2018고단627
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 4, 2018, the Defendant: (a) received a letter from a person without his/her name, stating, “When sending a physical card, he/she will repeatedly increase the credit rating and execute the loan; and (b) issued a physical card connected to the new bank account (D) in the name of the Defendant at the Won-si Hospital B around May 4, 2018.

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 Acts and subordinate statutes to inquire about criminal history;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Article 62(1) of the suspended execution of the Criminal Act (the crime of this case is committed in light of the method and result, etc., and there are circumstances unfavorable to the defendant, such as the nature and circumstances of the crime and the crime committed, but there is no criminal conviction against the defendant, and the defendant has a depth of his mistake, and the motive and circumstances of the crime of this case, the circumstances after the crime, the age of the defendant, occupation, family relation, health status, etc. are taken into account);

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