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(영문) 창원지방법원 마산지원 2017.11.10 2017고정399
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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, on June 9, 2017, the Defendant is required to make a loan from a person who has no name but made a loan to KRW 10 million at the annual interest rate of KRW 6.5%, and to receive a loan, the details of the deposit and withdrawal transactions are required.

On June 31, 2017, Msan post offices located in 639, Changwon-si, Changwon-si, issued a physical card that is linked to the accounts of the Saemaul Treasury in the name of the defendant to the name in order to improve credit rating by making the transaction details and making it possible to lend the card, and around June 31, 2017, at Msan post offices located in 639, issued the physical card to the name in the name of the defendant using the selective distribution service.

As a result, the Defendant promised to pay credit rating through false deposit and return to the name in return for the intangible expected interest of future loans, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing electronic financial transaction verification;

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

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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