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(영문) 수원지방법원 여주지원 2017.03.31 2016고단1486

전자금융거래법위반

Text

The defendant shall be innocent.

Reasons

1. No person summary of the facts charged shall borrow or lend any electronic financial transaction access medium while demanding, demanding or promising the consideration;

Nevertheless, on August 2016, the Defendant offered a proposal to lend money equivalent to KRW 3 million if he/she sent the physical card and password under the name of the Defendant from the person who was missing in the name of the police officer. On August 23, 2016, around 16:00, the Defendant lent the access media to the service provider with a promise to receive the price by informing him/her of his/her name and the password by advertising the phone number to the article of Kwikset service, which is linked to the name of the Defendant’s Saemaul Treasury account (E) in the vicinity of the “D” restaurant located in Leecheon-si. < Amended by Presidential Decree No. 27423, Aug. 23, 2016>

2. Interpretation of the penal laws and regulations should be strict, and excessively expanded or analogical interpretation of the meaning of the express provisions to the disadvantage of the defendant is not allowed in light of the principle of statutoryism in the crime.

The Electronic Financial Transactions Act prohibits lending an access medium while demanding, demanding or promising compensation (Article 6(3)2 of the Electronic Financial Transactions Act), and the term "compensation" in this context means "compensation received as a value to obtain a certain result," and the term "lending" in an access medium means "a lending another person to conduct electronic financial transactions using such access medium" in light of the purpose, etc. of the Electronic Financial Transactions Act. Thus, the term "a lending of an access medium subject to punishment under the Electronic Financial Transactions Act means a lending of an access medium for another person to use in electronic financial transactions and a lending of an opportunity to use it as a value to provide another person with an opportunity to use it."

However, according to each description of the police interrogation protocol and the written statement of the defendant's preparation against the defendant, the defendant loans and advertisements.