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(영문) 대전지방법원 홍성지원 2017.05.01 2016고단884 (2)

사기등

Text

Defendants are not guilty, and each of them dismissed the request of the applicant for compensation.

Reasons

1. Summary of the facts charged

A. Defendant V, on November 16, 2016, received a text message to invite offers for assistance in foreign exchange transactions and communication to Kakao Stockholm, Defendant V, who was aware of the fact that the Defendant would pay 5% of the money deposited at the face of the loan of the account exchanged for Chinese money.

At present, the NongHyup Bank (BF) number and password opened in the name of the defendant were sent to the name infinite message to the name infinite.

B. Defendant Y: (a) around December 1, 2016, the Defendant would pay 5% of the amount deposited at the face of the loan to the Chinese currency exchange account from the Defendant’s partner; (b) around December 1, 2016, the Defendant borrowed the Chinese currency exchange account.

At the first place, the NongHyup Bank (AZ) number and password opened in the name of the defendant sent to the name in the name of the defendant and sent it to the Kakao Stockholm message.

2. Determination:

A. According to each subparagraph of Article 2 of the Electronic Financial Transactions Act, the term “electronic financial transaction” means a transaction (i) in which a financial institution or an electronic financial business entity provides financial products and services through an electronic apparatus and a user uses them in an automated manner without any direct face-to-face or communication with employees of the financial institution or electronic financial business entity; the term “electronic apparatus” means a device used to transmit or process electronic financial transaction information by electronic means, such as an automatic payment machine, automatic deposit machine, payment machine, computer, telephone, or other electronic means (8). The term “Access medium” means an electronic card used to issue instructions for transaction in electronic financial transactions or to secure the accuracy and accuracy of the user and transaction details, electronic information equivalent thereto, electronic signature-generating information under Article 2 subparag. 4 of the Electronic Signature Name Act, and a user registration number or electronic financial business entity registered with a financial institution or electronic financial business entity under subparagraph 7 of the same Article.