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(영문) 춘천지방법원 강릉지원 2019.05.17 2019고단320

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

In using and managing a means of access, no one shall engage in any act of lending any means of access in exchange for consideration, demand or promise, unless otherwise expressly provided for in other Acts.

Nevertheless, on January 3, 2019, the Defendant listened to the statement that “Around the end of the same year, there is no present occupation and it is impossible to lend a loan due to low credit rating, but would be able to obtain a loan of up to 7 million won if the Defendant sent a physical card.” On January 31, 2019, the Defendant issued the physical card, which is the means of access to the bank account (D) in the name of the Defendant, in the vicinity of the Defendant’s dwelling in the East Sea, at around 18:30 on January 31, 2019, via Kwikset Service Articles that found the said dwelling.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on deposits without passbook;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;