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(영문) 춘천지방법원 강릉지원 2018.09.06 2018고단708
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

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

Nevertheless, on May 24, 2018, the Defendant listened to the statement that “When sending a e-mail card, the Defendant would give a loan to KRW 15 million at a low interest rate (0.9%) after setting up the transaction performance by setting up the credit rating.” On May 25, 2018, the Defendant issued a debit card, which is a means of access to the bank account (B) account of the Defendant’s name, to the non-standing party via the post office’s house.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection of a financial account);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the access media for electronic financial transactions can be used as a means of other crimes and thus requires strict punishment: The circumstances that are favorable to the above circumstances, such as the fact that the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc. are divided, and that there is no past record of being punished beyond the fine, and the punishment is determined as ordered by the order, comprehensively taking into account the above circumstances before and after the crime.

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