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(영문) 서울북부지방법원 2019.06.13 2019고정650
전자금융거래법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In using and managing the means of access, no person who has the gist of the facts charged may commit any act of lending the means of access with promise of compensation unless otherwise specifically provided for in other Acts.

Nevertheless, on June 28, 2018, the Defendant was asked to the effect that “the head of the Tong needs to be used as a gold problem,” and promised to receive KRW 700,000,000 as a loan per head of the Tong.” On July 5, 2018, the Defendant sent a physical card connected to the Defendant’s account under the name of the Defendant through Kwikset Service in Seongdong-gu Seoul, for the purpose of receiving KRW 700,000,000,000, and around that time, lent the means of access by notifying the person under the name of the foregoing to receive the price by E-mail.

2. The facts charged in the instant case constitute double prosecution in the same manner as the facts charged against the Defendant for violating the Electronic Financial Transactions Act, Seoul Eastern District Court 2018 High Court Decision 10295.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 3 of the Criminal Procedure Act.

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