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(영문) 서울서부지방법원 2021.01.11 2020고정1002
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 expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

On February 2, 2020, the Defendant, who misrepresented “B bank employees” at the end of the end of February, 202, requires a transaction performance to approve a loan from a person in unsound name to 50 million won.

When sending the check card, it is intended to make loans by making the details of the deposit and withdrawal transaction.

Since then, he/she accepted the proposal that he/she will return the check, and around March 16, 2020, around 15:00, he/she issued a copy of the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-S-C

Accordingly, the Defendant promised to borrow the approach media in return for the intangible benefit of future loans.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Communications replys (G, H, D bank replys, investigation reports (execution results, such as a search and seizure warrant), entrustment statements (A), and reply statements (A) (A) to the effect that it is necessary for the Defendant to create the transaction performance necessary for the loan;

The argument is asserted.

However, the “loan of an access medium” prohibited by Article 6(3)2 of the Electronic Financial Transactions Act is an act of lending an access medium so that another person may temporarily use an access medium without managing or supervising the user of the access medium to receive, demand, or promise to receive, prices, and then temporarily use an access medium to conduct electronic financial transactions. It is the check card that, even if processed through the access medium, it is possible to obtain an opportunity to receive loans by raising credit limit by making a transaction record of the deposit and withdrawal even by using the access medium, which is an access medium.

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