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(영문) 서울중앙지방법원 2019.11.22 2019고정2011

전자금융거래법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. In using and managing the means of access of this case, no person may borrow or lend the means of access, or keep, deliver or distribute the means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, on September 10, 2018, the defendant received the proposal that "if he/she lends his/her physical card to a company of alcoholic beverages for three days due to tax issues, he/she will offer 2.1 million won as a commission." On September 10, 2018, the defendant sent the physical card connected to the national bank account in the name of the defendant in Seoul Special Metropolitan City, Gwanak-gu to Kwikset service article with the physical card connected to the national bank account in the name of the defendant in the name of the defendant in Seoul Special Metropolitan City, and sent it to Kwikset service article with the name

Accordingly, the Defendant promised to receive compensation and lent the means of access.

2. According to the reasoning of the judgment, the Defendant’s statement in this court and the summary order in Seoul Central District Court Decision 2019 High Court Decision 2019 High Court Decision 169 on February 11, 2019 on the same facts as the facts charged in the instant case, the Defendant issued a summary order ordering a fine of two million won at the Seoul Central District Court on February 11, 2019, and it is evident that the said summary order became final and conclusive on March 19, 2019.

3. In conclusion, the facts charged in this case constitute a final and conclusive judgment and the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.