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(영문) 춘천지방법원 원주지원 2020.05.22 2019고단1228
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above sentence shall be suspended for one year from the date this judgment became 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 while receiving, demanding or promising any compensation therefor.

Nevertheless, around November 27, 2018, the Defendant: (a) heard a proposal to the effect that “a loan may be impaired; (b) a false transaction performance should be created; and (c) a loan should be carried out after raising credit rating.” (d) us is accepted, and then sent a physical card connected with the D Bank Account (E) opened in the name of the Defendant at a non-personal location on November 28, 2018, and then sent it to the non-personally named location; (b) around that time, the Defendant sent a new name card to the non-personally named location. (c) At that time, the Defendant sent the password of the said account to the non-personally named location through the Kakao Stockholm.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes to the details of entrance and exit, details of account transactions, and closure of the Kakao Stockholm;

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 on the suspended sentence [Incompetence] is a crime that is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.

In other words, there is a wrong recognition and contradiction.

There is no benefit acquired through the instant crime.

There is no criminal record of the same kind.

In addition, the defendant's age, character and conduct, family relationship, environment, etc. shall be the trial process of this case.

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