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(영문) 춘천지방법원 원주지원 2019.01.09 2018고단1032
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

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation in the use and management of the means of access.

Nevertheless, on June 19, 2018, the Defendant lent a e-mail card, which was linked to the Defendant’s bank account (D) for three (3) days, to the nameless person, who became aware of through the e-mail for the advertising purpose, by sending it through Kwikset service article, under the condition that he/she borrowed one e-mail card, which was linked to the Defendant’s nameless person.

Accordingly, the Defendant loaned the means of access to another person in return for promise.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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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