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(영문) 서울서부지방법원 2020.01.16 2019고단2989
전자금융거래법위반
Text

Defendant’s innocence;

Reasons

1. In using and managing a means of access, no person charged shall engage in any act of lending any means of access with a request or promise to receive, request or promise any consideration, unless otherwise expressly provided for in other Acts;

Nevertheless, the Defendant, at around June 10, 2019, contacted the infinites in B with the infinites, and sent 10% of the purchase agency amount to the Defendant’s account. The Defendant accepted the CBC card (number : D) in the name of the Defendant to the Non-definites in the proposal that the VIPs would transfer money to the Defendant’s account, and that the FIPs would have opened the CBC card (number) in connection with the said account. On June 13, 2019, the Defendant sent the password to the Non-definites as ordered.

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

2. In light of the facts and circumstances below, the evidence submitted by the defendant alone can be used exclusively and independently from the transfer of management authority in the case of intangibles, such as the receipt and delivery of real property, and the password necessary for the use of electronic information, but at least from the time when the recipient of the means of access can use and benefit exclusively from the lending to the time when the recipient of the means of access after the lending is returned, the defendant is only a bank account number and password as part of the purchase agency in Japan as part of the purchase agency.

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