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(영문) 춘천지방법원 강릉지원 2018.05.10 2018고단210
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 January 8, 2017, the Defendant listened to the statement that “When sending a e-mail card so that interest may be paid, the Defendant would make a loan.” On January 10, 2018, the Defendant issued the debit card, which is the access media of the C bank account (D) in the name of the Defendant, to the non-resident via the e-mailed article.

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. Statement made by the police for E;

1. Application of statutes on financial transaction information;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lease of the access medium for electronic financial transactions can be used as a means of another crime and thus requires strict punishment: The first offender is the defendant's age, sexual conduct, environment, motive, means and consequence, the circumstances before and after the commission of the crime, etc. shall be comprehensively considered in light of the above circumstances.

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