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(영문) 춘천지방법원 강릉지원 2018.06.29 2018고단375

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 a medium requiring or promising to receive compensation in using or managing an access medium.

Nevertheless, on August 2017, the Defendant listened to the statement that “When sending a physical card, the Defendant would create a transaction performance and enhance credit, and would have the Defendant obtain a loan of up to KRW 15 million to the account.” Around that time, the Defendant issued a debit card, which is an access medium in the name of the Defendant, to the (B) bank account, at the Dong-gu Seoul Special Metropolitan City Integrated Terminal, which is located in the 50-ro of the Seoul Gwangjin-gu river basin, and then issued the debit card, which is the access medium in the name of the Defendant to the (B) bank account.

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. C’s statement;

1. Application of Acts and subordinate statutes on warrant answer materials;

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;