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(영문) 제주지방법원 2019.02.14 2018고단1224
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person may lend a means of access while receiving, demanding or promising compensation.

Nevertheless, around November 20, 2017, the Defendant accepted a proposal that “the Defendant would give a loan by raising a performance if he sent a physical card” from a person who has no personal name, and then sent a physical card and a copy of a disposable-si 33 to a person who has no personal name, which is linked to B Bank (Account Number: C) under the name of the Defendant, at the Jeju post office around that time.

As a result, the Defendant promised to receive intangible expectation interest that can obtain future loans through false deposit and withdrawal transactions, and lent the check card and its password to the name-in-fact recipient as a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the remittance certificate, the contents of DNA conversation-related Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, a fine shall not be paid);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., reflective points, Grade ゲ of intellectual disability, and Grade ゲ of intellectual disability);

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