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(영문) 춘천지방법원 원주지원 2019.02.13 2018고단1019
전자금융거래법위반
Text

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

except that 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 the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

Nevertheless, around May 17, 2018, the Defendant received a call from a person who has no personal name to the effect that “on the face of sending a check card, he/she will execute a loan by accumulating the transaction performance,” and on May 21, 2018, the Defendant lent the check card connected to the Defendant’s name B (C) account at a post office located in the original city short-term Dong on May 21, 2018.

Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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

1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature and result of the crime in light of the method and result, etc., but there is no previous conviction against the defendant, and that the defendant has a depth of his mistake, and other circumstances such as the motive and background of the crime in this case, the circumstances after the crime, the age of the defendant, occupation, family relation, health condition

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