(영문) 춘천지방법원 원주지원 2020.01.08 2019고단1025

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(영문) 춘천지방법원 원주지원 2020.01.08 2019고단1025

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

In using and managing a means of access, no one shall borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation.

Nevertheless, at around 14:00 on June 7, 2019, the Defendant issued a proposal to the effect that “I will borrow a loan by accumulating the transaction performance by repeating the check by sending the check in a way of repeating the check,” from a name-free person, the Defendant sent two copies of the check card, which is linked to the Defendant’s name bank account (B) and the same name agricultural bank account (C).

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. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning investigation reports and criminal records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (in the case of the crime of this case, the crime of this case shall be deemed to be committed in light of the method and result thereof, and there are other circumstances unfavorable to the defendant, such as the nature of the crime and the crime committed less than that of the crime, but not less than that of the previous crime and the suspended execution. The defendant does not have any previous crime and not less than that of the defendant, and his mistake is divided in depth, and other circumstances, such as the motive and circumstance of the crime of this case, the age

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제40조

-형법 제50조

-형법 제62조 제1항

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