전자금융거래법위반
1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.
1. In using and managing a means of access in an electronic financial transaction, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access, unless otherwise specifically provided for in any other Act;
Nevertheless, on July 8, 2013, the Defendant: (a) recommended that “the head of the Tong and the knife card will be sent to lend the loan; and (b) the password will be known to him; (c) returned the loan; (d) around July 8, 2013, the Defendant lent one account of the Defendant under the name of Kwikset Co., Ltd. (D) and a physical card, and a password to his name, to his name.”
2. Determination
A. Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”) prohibits “the act of lending or lending the means of access in return for consideration” and Article 49(4)2 of the same Act punishs “the person who borrows or lends the means of access in violation of Article 6(3)2.” However, the amended Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “amended Electronic Financial Transactions Act”) prohibits “the act of lending or lending the means of access, keeping, delivering, or distributing the means of access by requesting or promising the receipt, receipt, or promise of consideration,” and Article 6(3)2 of the same Act prohibits “a person who has leased, distributed, or loaned the means of access in violation of Article 6(3)2 or 49(4)2 of the same Act.”
In light of the contents and purport of the above provisions of the former Electronic Financial Transactions Act and the revised Electronic Financial Transactions Act, it is necessary to punish the act of receiving compensation and lending means of access.