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(영문) 춘천지방법원 강릉지원 2019.02.19 2018고단1285

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around August 10, 2017, the Defendant listened to the statement that “When sending a physical card, the Defendant would give a loan to KRW 29 million at a low interest rate after raising the credit rating through paying in and withdrawing from the account.” Around that time, the Defendant issued a debit card, the means of access to B account in the name of the Defendant, to Kwikset-si, via Kwikset-si service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes governing the execution of seizure warrants;

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 selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of access for electronic financial transactions can be used as a means of other crimes and thus requires strict punishment: The following circumstances include the following: The defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. are considered.