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(영문) 춘천지방법원 강릉지원 2019.03.21 2019고단26
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

In using and managing a means of access, no one shall engage in any act of lending any means of access in exchange for consideration, demand or promise, unless otherwise expressly provided for in other Acts.

Nevertheless, around August 25, 2018, the Defendant listened to the phrase “to allow loans to be granted if he/she send a cream card” from a person who has no personal identity, and sent a debit card, which is a means of access connected to the Defendant’s name bank account (E) to Kwikset service, from a member of the C Council located in Sam-si, 12:30 on the same day.

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;

1. A detailed statement of account transactions;

1. Application of Acts and subordinate statutes to report internal investigation (verification of details of a warrant for search, seizure, inspection, reply), and specifications of warrant for search, seizure;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's wrongness, the first offender who had no record of punishment prior to the instant case, the fact that there is no benefit of the defendant from the instant crime, and other various sentencing conditions as shown in the records and arguments of the instant case, including the defendant's age, character and conduct, environment, circumstances after the commission of the crime, etc., shall be determined in consideration of the following factors.

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