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(영문) 광주지방법원순천지원 2020.08.14 2019고단3030
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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on July 13, 2019, the Defendant received a proposal from a person who was under the name of the defendant to the effect that "the defendant would pay 10% of the money deposited as above after depositing the money to the above account when he/she lent the Kakakao games and exchanged them on the sports soil game site." If he/she borrowed the Kaka card connected to the account under the defendant's name, he/she received it, and then, around July 17, 2019, he/she notified the Kakao Kao Kao Kao Kao, which was linked to the Kakao Ba (D) account under the defendant's name, of the Kakao Ba.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Details of transfer transactions;

1. Response to a warrant of search, seizure and verification;

1. The Defendant asserts that the Kakao Stockholm message did not lend the means of access while promising payment, on the ground that 10% of the money exchanged through the game would be paid to the game site on behalf of the Defendant, because the Defendant, at the end of a person under no name, participated in the game and issued a physical card to the game site, would be entitled to allowances.

"Lending a means of access" under Article 6 (3) 2 of the Electronic Financial Transactions Act means lending a means of access so that any other person may temporarily use a means of access without managing or supervising the user of the means of access while demanding or promising to receive compensation. "Price" means lending a means of access.

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