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(영문) 춘천지방법원 강릉지원 2018.09.19 2018고단647

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

Except as otherwise expressly provided for in other Acts, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, the Defendant, on May 15, 2018, extended a loan from a person without his name to a maximum of KRW 20 million without inquiring about credit rating when sending a physical card from a person without his/her name.

“Around May 19, 2018, at the vicinity of the Defendant’s house located in C at Samk-si on May 19, 2018, the Debit Cards, which is an access medium of the Defendant’s Saemaul Treasury Account (D) in the name of Kwikset, was delivered to the needy person through Kwikset’s service.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Results of execution of a search and seizure inspection warrant (the details of the Saemaul Treasury account in the A name);

1. Application of the transfer specifications and the Kakakao Stockholm conversation-fixe photographic statutes;

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

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