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(영문) 대전지방법원 서산지원 2018.12.19 2018고단389

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 provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On December 7, 2017, the Defendant: (a) received a proposal from a person without his/her name, stating that “When sending a e-mail card, he/she will get loans after accumulating the transaction performance repeatedly; (b) around December 8, 2017, the Defendant issued a e-mail card connected to the D bank account (E) in the name of the Defendant at the convenience store located in the Gu, Changwon-si, Changwon-si; and (c) around December 8, 2017, the Defendant issued the e-mail card connected to the D bank account (E) in the name of the Defendant.

As a result, the Defendant promised to receive intangible expected profits that can be repaid in the future by raising credit rating through the details of deposit and withdrawal transactions, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes governing deposit without passbook;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

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