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(영문) 춘천지방법원 강릉지원 2018.09.19 2018고단397
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, the Defendant, on April 3, 2018, lent a 800,000 won per day from a person without his name, to a third party a physical card for the purpose of tax reduction or exemption of liquor companies as a loan fee for three days.

“On receipt of the proposal, at the vicinity of the D office located in the East Sea, the Defendant’s name was delivered to the account holder of the bank (E) via a debit card, which is an access medium of the Defendant’s name.

Accordingly, the defendant promised to pay a total of 2.4 million won to the defendant and lent an access medium to his name in return for his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. To inquire into the copy of the passbook, a copy of the door-to-door transport invoice, and the details of account transactions, and to the application of statutes governing deposit verification;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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