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(영문) 대구지방법원 김천지원 2018.07.17 2018고정181

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

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the receipt, demand or promise of compensation in using and managing the access medium.

Nevertheless, on October 20, 2017, the Defendant provided two to three percent of the transfer amount if he/she transfers money to the account from a person whose name is unknown.

On October 27, 2017, “Around 11:00, at a bus terminal in the old-U.S. bus terminal, leased a flue-in-house access medium to a person whose name is unknown, using a bus terminal line in the name of the Defendant at the bus terminal.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The Defendant and his defense counsel asserted to the effect that there is no quid pro quo between the Defendant’s name and the Defendant’s provision of the instant physical card to a person whose name is unknown, and that the Defendant was merely a “loan” rather than a “loan” to a person whose name is unknown, and that the instant physical card was merely a “providing it as security” rather than a “loan” to a person whose name is unknown.

Even if the facts alleged by the Defendant were to be alleged, the offer of casino-related work to the Defendant is provided to a person whose name is unknown, and thus, it cannot be deemed that there is no quid pro quo, since it is the condition that the Defendant provides the instant check to a person whose name is unknown.

Meanwhile, the term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act allows another person to temporarily engage in electronic financial transactions using access media without managing and supervising the user of access media while requiring or promising to receive compensation.