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(영문) 서울서부지방법원 2020.11.18 2020고정954
전자금융거래법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access while promising compensation unless otherwise specifically provided for in other Acts, and no telecommunications business operator may provide telecommunications services provided by him/her for any other person's communications.

Nevertheless, on November 2019, the Defendant: (a) received a proposal from an unsatisf who misrepresented the employees of a lending company in his name, stating, “When sending a physical card, the Defendant will have the credit rating rounded up after setting up the transaction performance; and (b) if the account is deposited at a low amount of 5 million won, it will include 6 million won in the account as collateral if opening the cell phone and sending it to the account as collateral.” (c) received a loan from an unsatisfe in his name, and then accepted the said proposal on December 24, 2019. (d) On December 24, 2019, the Defendant issued one check card connected to the bank account (C) in his name to the above unsatfe in his name to the above unsatfe in his name, and continued to deliver it to the above unsatfe in his name, on December 31, 2019.

Accordingly, the Defendant promised to lend the means of access in return for the intangible benefit of receiving future loans, and provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Defendant's legal statement;

1. Police interrogation protocol of the accused (including attached E service application form, etc.);

1. A criminal investigation report on F on the statement by the police officer (with respect to the attachment of suspect Kakao Stockholm dialogue and the text exchanged with G);

1. Application of relevant Acts and subordinate statutes to whether the date and time of delivery of B bank response data, physical cards, and cellular phone calls and the promise to recover physical cards have been made;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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