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(영문) 춘천지방법원 강릉지원 2019.09.18 2019고단866
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

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

1. On May 7, 2019, the Defendant extended a loan of KRW 10 million at the interest rate of 2% per month from a person who was named “A consultant” as an employee of the borrower’s “A.” The borrower sent a check card to the lender who wishes to directly withdraw. The lender sent the check card after deducting interest.” The Defendant’s name was sent one copy of the check card connected with the D Bank account under the name of the Defendant to the designated location and notified the password by telephone.

2. On May 8, 2019, the Defendant extended a loan of KRW 10 million at the interest rate of 2% per month from a person who was named as “F agency for employees of the lending company” at the place indicated in the foregoing paragraph (1) at the location indicated in the foregoing paragraph (1) of the Defendant’s G name bank account (one physical card connected with H is sent to the lending company if us wishes to obtain a loan because she should directly withdraw. Cze card will be returned after deducting interest). The Defendant’s notice was sent via the phone number at the designated location by the Nonindicted Party’s G bank account (one physical card connected with H).

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. A written statement of I;

1. Application of the details of financial transactions, response to financial data, and copies of bankbooks Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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