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(영문) 춘천지방법원 강릉지원 2019.01.24 2018고단1263
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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around July 13, 2018, the Defendant listened to the statement that “When sending a physical card, the Defendant would borrow a loan to KRW 3 million at a low interest rate by accumulating transaction performance.” On July 18, 2018, the Defendant issued a debit card, which is the means of access to the DNA account under the name of the Defendant, to the bearer via the Defendant’s door-to-door service at the C office located in Gangnam-si B around 10:00, July 18, 2018.

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. Statement of the police statement concerning F;

1. Receipt of remittance;

1. Application of investigation reports (attached financial transaction information) and Acts and subordinate statutes concerning financial transaction information (A);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

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

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