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(영문) 창원지방법원 2018.01.16 2017고단3883
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend an access medium at the time of receiving or requesting any consideration in using or managing the access medium.

On July 2017, the Defendant borrowed 5 million won at the interest rate of 5% per month from a non-loanr (one person C) and 5 million won from the first police officer, and on the interest exceeding the statutory interest rate, the Defendant used the personal card in connection with the personal account to repay the personal account to (D) and to withdraw it by his name-free loaner.

On July 11, 2017, the Defendant, at the F Office located in the counter E of Changwon-si, Changwon-si on July 12:30, 2017, delivered a physical card connected to the two accounts to the nameless borrower.

Accordingly, the Defendant promised to lend the access media in return for the intangible expected profit that can receive future loans.

Summary of Evidence

Application of the laws and regulations on account transactions in H’s written statement of the police’s statement G with respect to the Defendant’s legal statement

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the elective Financial Transactions and Articles 49 (4) 2 and 6 (3) 2 (Selection of Penalty) of the same Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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