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(영문) 춘천지방법원 원주지원 2019.06.26 2019고단347
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation.

Nevertheless, around December 2018, the Defendant: (a) called “B Company C” from a name-free person who assumes the name of “B Company C”; (b) sent a e-mail card, which is linked to the F Bank account (Account Number: G) in the name of the Defendant at the E office located in Gangwon-si, Gangwon-si, and (c) sent a e-mail card, which is linked to the F Bank account in the name of the Defendant, to the name-free person.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., confession, portrait, background of crimes, circumstances after crimes, etc.);

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