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(영문) 서울남부지방법원 2020.11.30 2020고단4763
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2019, the Defendant: (a) received a proposal stating, “When sending a ck card, the Defendant would make a transaction performance and make a loan after raising credit point.” (b) around that time, the Defendant sent the ck card to a person under the name of the Defendant using a ck-line that is linked to the B bank account (C) in the name of the Defendant in Gangdong-gu Seoul Special Metropolitan City (hereinafter referred to as the “Scheon-gu”); and (c) sent the password to the Kakaox.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of B bank reply data (A)-related Acts and subordinate statutes;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act has an aspect of being accused of a person who has not been injured by his name, and has

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