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(영문) 창원지방법원 마산지원 2017.05.23 2017고단177
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

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.

Nevertheless, the Defendant, at around 14:00 on November 24, 2016, would offer a loan from the non-name telephone financial fraud organization (through a long-term recruitment scheme) in the apartment complex B in Yongsan-gu, Changwon-si, Changwon-si.

In lieu of this, it is necessary to check the card.

“I hear the horses, and sent the physical cards, etc. connected to the account (C) of the Defendant’s name to Kwikset’s account, using Kwikset’s service.

As a result, the Defendant promised to receive a loan in return for the intangible expected profit, and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

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

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