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(영문) 수원지방법원 2020.07.21 2020고정623
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On November 25, 2019, at around 11:00 on November 25, 2019, the Defendant intended to grant a “work loan” from an infinite borrower who misrepresented B via Kakaox. On that occasion, the Defendant agreed to obtain an opportunity to obtain a loan by providing that “once an authorized certificate and an OTP number should be disclosed, it would be intended to obtain a loan.” On the other hand, the Defendant temporarily provided a loan to the infinite by sending an authorized certificate of C Bank Account D in the name of the Defendant to use the means of access without managing and supervising the means of access, and then lent it to the infinite by informing the OTP number.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on DNA reply data to the C bank account;

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. A fine of two million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the Attraction of Labor House Head. Article 70 (1) and 69 (2) of the Criminal Act.

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (see, e.g., Supreme Court Decision 2007Da14488, Apr. 2, 2007);

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