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(영문) 창원지방법원 통영지원 2019.10.10 2019고단688
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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on April 16, 2019, the Defendant received a proposal to the effect that he would give a loan if he sent a physical card to enable him to pay interest, and accepted it. On April 16, 2019, the Defendant sent the physical card connected to the account under the name of the Defendant on the front of the building in the name of the Defendant on the roads in front of the building in the name of the Defendant, and sent the Cbank card to the name-oriented person through Kwikset service.

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. Search, seizure, verification warrant and reply;

1. Application of Acts and subordinate statutes, such asF dialogue photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (which means lending any means of access) and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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