전자금융거래법위반
The defendant shall be innocent.
1. Although no person charged with an electronic financial transaction promises to lend a means of access necessary for the electronic financial transaction, the Defendant was offered a proposal to the effect that, on May 2, 2018, the Defendant would pay a fee of 5% if he/she lends a deposit account to another person due to the necessity of returning the means of access at the Defendant’s residence located in Net City B, and accordingly, the Defendant violated the Electronic Financial Transactions Act by transmitting the number of account numbers in the Defendant’s name to another person due to the use of the Defendant’s name after recording the DNA account number (E) in the application sent through C at that time.
2. Determination
A. The relevant legal doctrine (hereinafter “the Act”) prohibits “the act of lending a means of access in the course of receiving, demanding or promising any payment” from ensuring the safety and reliability of electronic financial transactions by clarifying the legal relationship of the electronic financial transaction (Article 1). “The act of lending a means of access” (Article 6(3)2). In short, a person who lends a means of access is punished in violation of Article 6(3)2.
(4) The term "means of access" means any of the electronic card and electronic information equivalent thereto (a) used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the user and the transaction details, the digital signature creating key under Article 2 subparagraph 4 of the Digital Signature Act and the certificate under subparagraph 7 of the same Article [b] registered with a financial company or an electronic financial business operator, the user number [c], the user's bio-information (d)], the user's bio-information (a) or (b) or the password (e) necessary to use any means or information under subparagraph 4 of the same Article.
(Article 2 Subparag. 10 of the Act). According to the language and content of such provision, “loan of access media” under Article 6(3)2 of the Act means a person who temporarily claims, demands, or promises the consideration.