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(영문) 춘천지방법원 원주지원 2020.01.09 2019고단1255
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 20, 2019, the Defendant received a proposal from a person without a personal name who misrepresented B employee C, stating that “The Defendant will use the check card for three days, and will provide three million won with the usage fee.” On August 22, 2019, the Defendant sent a copy of the check card connected to the F Bank Account (G) established in the name of the Defendant in the E office located in the original city, and then sent it to the place where the person without a personal name was sent. At that time, the Defendant notified the person without a personal name of the password of the above account.

As a result, the Defendant promised the acceptance of the consideration and lent the means of access to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by H;

1. Certificates of transfer transactions;

1. Application of Acts and subordinate statutes governing I letters;

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: The act of lending the means of access is easy to commit various crimes, such as tax evasion, scaming, etc., 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.

The defendant lent the means of access as monetary compensation, and the nature of the crime is not good.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant did not acquire any substantial benefit from the crime of this case.

The defendant is an initial offender who has no record of criminal punishment.

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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