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(영문) 춘천지방법원 원주지원 2020.06.19 2020고단38
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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, the Defendant, at around June 29, 2019, called “B” from a name-free person who assumes the name of “B” to the effect that, in order to obtain such loans from the Defendant’s home in Seoul Jung-gu C and D, the Defendant sent one physical card connected to the Defendant’s corporate bank account (Account Number: E) to the name-free person through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to the details of the deposit of damage amount, the certificate of transfer of damage amount, and the warrant of search, seizure;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Incompetence] is a crime that is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.

In other words, there is a wrong recognition and contradiction.

There is no benefit acquired through the instant crime.

There is no criminal record of the same kind.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.

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