beta
(영문) 인천지방법원 부천지원 2020.02.06 2019고단2962

전자금융거래법위반

Text

The defendant shall be innocent.

Reasons

1. In using and managing a means of access, no person who is the gist of the facts charged shall conduct any act of lending the consideration while demanding, demanding or promising to do so, unless otherwise provided for in other Acts;

Nevertheless, at around 18:00 on March 14, 2019, the Defendant received the proposal that “the head of the team B, who is the head of the team, will give a loan to KRW 500,000,000 if the Defendant sent one copy of the check for the payment of principal and interest,” and accepted the proposal. On the same day, the Defendant sent it to Kwikset service article, who sent the above-mentioned name-based personal card to D Company Information Co., Ltd. in Yeongdeungpo-gu Seoul Metropolitan Government, by sending one copy of the check linked to the E bank account (F) in the name of the Defendant.

As a result, the Defendant promised to obtain future loans and lent the means of electronic financial transactions to a person in default of his/her name.

2. The term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending a means of access to a third party temporarily by using the means of access without managing or supervising the user of the means of access (see Supreme Court Decision 2016Do8957, Aug. 18, 2017); and the term “price” refers to an economic benefit corresponding to the lending of the means of access.

On the other hand, the relevant circumstances are objectively determined, such as the motive and background leading up to the delivery of the means of access, relationship with the recipient, number of means of access issued, behavior or circumstance after the delivery, whether there was an agreement on the subject, amount, interest rate, method of receipt of the loan, etc. with respect to the loan, etc.