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(영문) 춘천지방법원 원주지원 2019.05.23 2019고단143
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 October 12, 2018, the Defendant called the “B team leader” from a person in secret name who assumes the “B team leader” to obtain a loan by accumulating transaction performance by accumulating transaction records. On October 15, 2018, the Defendant lent one check card connected to the D Bank account (Account Number: E) account in the name of the Defendant in front of Gangwon-si, Gangwon-si, from Kwikset-si, to a person in secret name.

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. The police statement concerning F;

1. A statement of account transfer;

1. - Data replys to financial transaction information in the D bank;

1. Application of the Acts and subordinate statutes on G dialogue;

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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The act of lending the means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access, and such act is not easy to say that the social harm is serious.

The means of access leased by the Defendant was used for the crime of Bosing.

In favorable circumstances: The defendant expected an intangible benefit that he/she can receive a loan and transferred the means of access. There is a reason to take into account the crime and the motive in particular.

The defendant recognized the crime of this case and is against the law.

The defendant paid damages to the victim of the Bophishing crime.

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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