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(영문) 창원지방법원 마산지원 2017.04.21 2017고정155
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

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, at around 17:04 on January 12, 2017, the Defendant would make a loan by inserting the credit rating by reserving the loan performance from a person who is not his/her name in front of his/her singing shop run by the Defendant.

“On receipt of a commitment to the purport that the Defendant’s name was delivered to the Defendant, using Kwikset Service, three physical cards connected to the two accounts (D. E) and one bank account (F), respectively.

As a result, the Defendant promised to receive intangible expected profits that can receive a future loan by raising credit rating through the details of high-amount deposit and withdrawal transactions, and lent the accessible media to the name-oriented persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to detailed statement of transactions for transferring money from damage;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (including the first offender and reflective points);

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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