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(영문) 대전지방법원 홍성지원 2015.10.30 2015고단833

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access used in electronic financial transactions, no one shall transfer or acquire a means of access, nor arrange such transfer or acquisition, unless otherwise specifically provided for in any other Act.

Nevertheless, around 17:00 on June 11, 2015, the Defendant transferred the physical card and password, which is linked to the bank account under the name of the Defendant, to the nameless person through Kwikset Service Articles.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Requests for warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes to investigation reports (suspects' previous records and records of punishment);

1. Under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act regarding criminal facts [the defendant and his/her defense counsel] claim that the transfer of the means of access is not applicable because the defendant's physical card was exceeded for obtaining the loan. In light of the above, Article 49(4)1 of the Electronic Financial Transactions Act provides that the act of transferring or taking over the means of access in violation of Article 6(3)1 of the same Act is punished, and the provision of the means of access, such as deposit passbooks, cash cards, and password, is not deemed to constitute "transfer" of the means of access under Article 6(3)1 of the Electronic Financial Transactions Act unless the issuance of the means of access is merely delegated temporary use of the means of access. However, if it can be deemed that the delivery of the means of access is not a means for obtaining the loan, but does not allow another person to arbitrarily conduct electronic financial transactions using the means of access in return for the loan, it constitutes an intentional act as to the transfer of the means of access under Article 6(3)14(2)1)1 of the Electronic Financial Transactions Act.