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(영문) 대전지방법원 2015.11.26 2015고정1517

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

No one shall transfer or acquire any means of access for electronic financial transactions.

However, on July 3, 2014, the Defendant stated that, in front of the Defendant’s house located in Daejeon Dong-gu, Daejeon, the charge of the charge of money if the Defendant transferred the passbook from a person who was unaware of his name, is “one million won in the charge of the charge of money,” but such revision is made accordingly.

Upon receipt of a proposal to offer B, the account number (Account Number: D) of the post office under the name of the accused and the personal identification card of the post office related thereto were delivered to a person who is not known of the name, and the means of electronic financial transaction was transferred to another person.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Act on Criminal Facts and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. It is not a transfer of argument but a temporary loan.

2. Determination

A. Article 49(4)1 of the Electronic Financial Transactions Act (hereinafter “Act”) punishs the act of transferring or taking over a means of access in violation of Article 6(3)1 of the Act. In the event that a means of access, such as a deposit passbook, cash card, and password, is provided on the speech that the lending would be effected, if it is nothing more than entrusting the temporary use of the means of access, it does not constitute “transfer” of the means of access as referred to in Article 6(3)1 of the Act.

However, considering the fact that the Electronic Financial Transactions Act is one of the legislative purposes to ensure the safety and reliability of the transaction by clarifying the legal relationship of the electronic financial transaction (Article 1), the means of access can be used.