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(영문) 춘천지방법원 원주지원 2019.11.21 2019고단944
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 June 24, 2019, the Defendant: (a) received a proposal from a nameless person who misrepresents C with B, to the effect that “to send a physical card after confirming the limit; (b) to return it after checking the limit; and (c) at around 16:39 on the same day, the Defendant sent one physical card connected to the E (F) account in the name of the Defendant in front of the Defendant’s home located in Kuju-si, via Kwikset service article.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. G documents;

1. H message among the police interrogation protocol against the accused;

1. Application of details of deposit transactions and details of transactions to Acts and subordinate statutes;

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

The defendant expected an intangible benefit that he/she can get a loan by suffering economic difficulties and transferred the means of access. There is a reason to take into account the motive for the crime.

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

There is no record that the defendant was punished for the same crime and the suspension of the execution of imprisonment.

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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