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(영문) 인천지방법원 2016.06.21 2016고단1606
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Except as otherwise expressly provided for in other Acts, no person who is guilty of the facts charged shall borrow or lend any approaching medium while demanding, demanding or promising the consideration, or distribute, delivering or distributing any approaching medium;

On August 25, 2015, the Defendant received a proposal from a person under a false name who misrepresented his/her business staff member of a lending company to provide part of the fee if he/she informss of the account number for money laundering. The Defendant notified the account number (C) of an enterprise bank account in the name of the Defendant so that he/she can use the said bank account, and distributed the money deposited into the said account by withdrawing the money and then received KRW 100,000 as a fee.

Accordingly, the Defendant lent the approaching media while receiving compensation.

2.(1) Determinations (1) "Access media" means any of the following means or information used to give instructions for transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions:

(a) An electronic card or other electronic information equivalent thereto;

(b) Information on the creation of electronic signatures under subparagraph 4 of Article 2 of the Electronic Name Act and a certificate under subparagraph 7 of the same Article;

(c) User numbers registered with a financial company or electronic financial business entity;

(d) Biological information of users;

E. (2) In order to be found guilty of the facts charged in the instant case, the “Account Number” number of a company bank in the name of the Defendant, which was known to the person in violation of the name of the Defendant, should fall under the “Access Media” as stipulated in Article 2 subparag. 10 of the said Electronic Financial Transactions Act (hereinafter “Act”). The account number is set forth in Article 2 subparag. 10(a), (b), and (d) of the Act.

Items (e), electronic cards and similar electronic information, electronic signature creation information, and.

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