beta
(영문) 춘천지방법원 강릉지원 2018.09.12 2018고단633

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend a medium requiring or promising to receive compensation in using or managing an access medium.

Nevertheless, on May 24, 2018, the Defendant borrowed a physical card from a person who is in the name of the company of alcoholic beverages to a third party for three days as he/she needs another person's physical card due to the supply-related problem of alcoholic beverages company.

“Around June 4, 2018, at D offices located in Gangnam-si C, around 15:00 on June 4, 2018, a debit card, which is a medium of access to the National Bank Account (E) and the National Agricultural Bank Account (F) under the name of the Defendant, was delivered to the influence of the name.

Accordingly, the defendant promised to pay 1.6 million won in return for the lending of an access medium to the name infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A criminal investigation report (Attachment, such as a copy of account transactions);

1. Application of Acts and subordinate statutes on trading;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;