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(영문) 춘천지방법원 강릉지원 2019.01.29 2018고단1288

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 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 July 13, 2018, the Defendant heard the phrase “I would create a Mapo passbook, I would create a transaction performance that is low, and will increase the limit of the Mapo passbook, and if I will make a transaction performance, I will deliver a check card.” On July 16, 2018, the Defendant issued the check card connected to the post office account (D) in the name of the Defendant in the name of the defendant at the irregular district located in Gangseo-gu Seoul Special Metropolitan City, Gangnam-si, and sent it to the phone.” On July 16, 2018.

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 is not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. A list of deposits and transactions;

1. Application of Acts and subordinate statutes to a warrant of search, seizure and verification;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;