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(영문) 대전지방법원 서산지원 2018.11.08 2018고단605

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium to any third person for the purpose of receiving, demanding or promising to receive compensation therefor.

Nevertheless, at around 11:00 on April 16, 2018, Defendant C Museum in Thai-nam, who assumes a false name and assumes the name of DE by itself, “In order to obtain a credit loan, she will raise the transaction performance and will provide us with a credit card on the face of her own.”

On the same day, the Defendant sent the name in the name in the name of the non-person who was sent by the non-person in question at the above place at around 16:00 on the same day, contained the physical card connected to the F bank account under the name of the Defendant in the gambling, and sent the card to the above non-person.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of a protocol concerning the suspect examination of the police against the defendant;

1. Statement made by the police with H;

1. A written petition;

1. Application of Acts and subordinate statutes as a result of a search warrant or reply;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant and his defense counsel believe that they will be able to obtain a loan if they have accumulated financial transaction records, and that they will only transfer a physical card to his name-oriented persons, and do not lend the above physical card in return for a promise to receive a fee.

2. The following circumstances acknowledged by the foregoing evidence duly adopted and investigated by the court, namely, ① Defendant sent a personal check to a person who is not a person with no name, is running a loan by raising the financial transaction performance.