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(영문) 춘천지방법원 원주지원 2018.06.20 2018고단295
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

In using and managing access media, no one shall borrow or lend any access medium, or store, deliver or distribute such medium with promise to demand compensation.

Nevertheless, on January 2018, 2018, the Defendant called “on the front day of the Haju-si, if you send a e-mail card, you will execute the loan by accumulating the transaction performance,” and received a loan by accumulating the transaction performance. As above, the Defendant sent the e-mail card connected to the account of the national bank in the name of the Defendant through Kwikset service engineer.

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. Application of Acts and subordinate statutes of D;

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 Suspension of 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 other circumstances, such as 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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