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(영문) 수원지방법원 평택지원 2021.03.25 2020고단903

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

On February 27, 2020, the Defendant: (a) received a proposal from a person who was in the name of the Defendant that “if sending a e-mail card, he would have extended loans by raising the transaction performance; and (b) accepted the proposal; (c) around 12:00 on February 27, 2020, the Defendant sent one e-mail card connected to the D bank account (number: E) in the vicinity of the Seoul High School located in Songpa-gu Seoul High School, Songpa-gu, Seoul, via Kwikset Service Articles.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. The defendant's written statement in court, reply note, materials, and written decision not to prosecute;

1. The screen (the defendant and his defense counsel) of the written confirmation of the results of the electronic financial transfer [the defendant and his defense counsel obtained a loan from the existing FF bank, and on February 26, 2020, the name inf bank credit collection officer called FF bank credit calls to the effect that "I would make legal treatment unless I would pay off the loan principle at present." It is difficult for the defendant to repay the loan.

The defect, nameless person, "if the account number and password are communicated and sent, it will not be processed as bad credit," and the defendant, who was drinking on a bad credit, notified the account number and password to the person who was sent on February 27, 2020, was merely a physical card to the nameless person through the person who sent the nameless person on February 27, 202.

In light of these circumstances, the defendant asserts that the defendant did not have an intention to transfer his/her physical card to his/her nameless persons, and that the act of putting his/her physical card to his/her nameless persons does not constitute "transfer".

The transfer of the access medium under Article 49 (4) 1 of the Electronic Financial Transactions Act means the transfer of ownership or right to dispose of the access medium on the basis of the transferor's intention, and simply lending the access medium or lending it or temporarily using it.