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(영문) 춘천지방법원 강릉지원 2019.01.23 2018고단1280
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

[Criminal Power] On September 6, 2018, the Defendant was sentenced to imprisonment with prison labor for four months for a crime of aiding and abetting in violation of the Game Industry Promotion Act at the Gangseo branch court of the Chuncheon District Court, and the said judgment became final and conclusive on September 14, 2018.

【Criminal Facts】

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 14, 2018, the Defendant listened to the statement that “on the face of sending the check card, the Defendant will repeatedly make a transaction performance and make a loan up to KRW 30 million at a low interest rate,” and around 12:00 on August 14, 2018, the Defendant’s bill of indictment issued to the non-permanent area located in Jongno-gu Seoul Metropolitan Government personnel Dong is written as “F” but was clearly written as “F” but was corrected ex officio because it is apparent that it is a clerical error.

(See No more than 66 pages of investigation records). A physical card linked to a bank account in the name (D) and a paper card indicating the passwords of the physical card was sent to a person under whose name the card was named.

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. E statements;

1. A criminal investigation report;

1. Certificates of transactions;

1. Previouss before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (latter concurrent crimes of Article 37 of the Criminal Act);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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