beta
(영문) 춘천지방법원 강릉지원 2019.03.06 2019고단77

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 6, 2018, the Defendant heard the phrase “3 million won loans” from the person in secret name, who introduced himself as “B agency,” and sent a physical card to the Defendant, and then sent a personal identification number to the person in secret name via Kwikset Service (D) in front of the South-dong community service center located in Samyang-si, Seoul, at around 18:30, Nov. 7, 2018, in order to “I will directly withdraw and receive interest by sending the physical card,” and to notify the person in secret name.

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 to E by the police;

1. Application of the transfer certificate and the Acts and subordinate statutes on financial transactions in the principal;

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

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