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(영문) 창원지방법원 마산지원 2018.05.01 2018고정38
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

Criminal facts

No person shall lend or receive a cash card, a password necessary for using the cash card, and a passbook, etc. issued by a financial institution, while demanding, demanding, or promising to lend the price therefor.

Nevertheless, on August 31, 2017, the Defendant: (a) received a proposal, and issued Kwikset a physical card connected to the Defendant’s name bank account (B) to grant loans by making the details of the deposit and withdrawal when sending the physical card from a person in the name of the Defendant; and (b) issued Kwikset cards to a person in the name of the Defendant.

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. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. C’s petition;

1. Application of statutes on financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for 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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