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(영문) 춘천지방법원 강릉지원 2018.04.26 2018고단175
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 other Acts, no person shall lend a medium requiring or promising to receive compensation in using or managing an access medium.

Nevertheless, on November 2017, the Defendant listened to the phrase “to open a marina passbook and to secure the transaction performance of the passbook if he/she intends to obtain a loan,” and “to open a marina passbook after raising credit rating by setting up the transaction performance if he/she sent the e-mail card, and to provide a loan up to KRW 10 million.” On the 21st of the same month, the Defendant issued the debit card, which is a new bank account account (B)’s access media in the name of the Defendant, to the Defendant, via Kwikset service article.

As a result, the defendant promised to pay a credit rating through false deposit and withdrawal transactions in return for the intangible expected profit of future loans, and lent an access medium to the name-oriented person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Deposits receipt;

1. Application of Acts and subordinate statutes to report internal investigation (data reply from a new bank);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the access medium for electronic financial transactions can be used as a means of other crimes and thus requires strict punishment: The circumstances in which one's mistake is divided and there is no record of criminal punishment after 2002, and the above circumstances are determined as above by comprehensively taking into account the defendant's age, sexual behavior, environment, motive, means, means and consequence, circumstances before and after the crime.

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