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(영문) 춘천지방법원 원주지원 2019.06.27 2019고단361
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

On August 16, 2018, the Defendant: (a) received a call from a person who assumes a false name that “to lend a loan to inform him of the Internet banking ID, authorized certificate, password, andOTPP number so that the transaction performance can be stockpiled; (b) obtained a loan by accumulating the transaction performance as above; (c) from August 17, 2018 to August 21, 2018, the Defendant informed him/her of the Internet banking ID, password, authorized certificate, and OTP number connected to the account under the name of the Defendant from August 17, 2018 to the account (Account Number: D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Transfer receipt;

1. An application for transaction;

1. - Application of Acts and subordinate statutes of Chapter 26 to a copy of the F screen.

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Financial Transactions Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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, Internet gambling, and scaming, 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.

A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.

The defendant did not take any advantage of the crime of this case.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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