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춘천지방법원 원주지원 2020.04.29 2019고단1550

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

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, around September 27, 2019, the Defendant called “C chief of a liquor company B” from a person under whose name the Defendant assumes a false name to “C chief of a liquor company B,” and sent to the above person under whose name the Defendant was named, using Kwikset Service, a check card (Account Number:F) connected to the Nong Bank Account (Account Number) in the name of the Defendant in the name of the Defendant at KRW 3 million per day on September 30, 2019, where the Defendant borrowed the account, and at around 14:00, around September 30, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of trading statements;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case, such as this case, can be committed by telephone, financial fraud, etc., and that the social harm is high in that it makes it difficult to arrest the person who committed the crime such as telephone, financial fraud, etc. due to the identity

The actual account transferred by the defendant was used for the crime of fraud.

Considering this point, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant's mistake is divided and reflected, the fact that there is no previous conviction in the same kind, etc., the punishment as the order shall be determined by taking into account the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions shown in the arguments