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(영문) 수원지방법원 2017.09.15 2017고단4337
전자금융거래법위반
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. On February 22, 2017, the Defendant: (a) transferred a accessible medium using a passbook linked to the Nonghyup Bank’s account (C) located in Suwon-si, Suwon-si; (b) around February 22, 2017, the Defendant sent the passbook to a person in unsound name using the passbook; and (c) transferred the password of the said account to a person in unsound name by informing him/her of the phone.

2. Article 49(4)1 of the Electronic Financial Transactions Act punishs transfer or acquisition of an access medium in violation of Article 6(3)1 of the same Act. Here, “transfer” does not include simply lending an access medium or allowing temporary use of the access medium, but merely entrusting the temporary use of the access medium, or transferring the access medium, should be determined on an individual basis based on specific cases, by taking into account the motive and developments leading up to the delivery of the access medium, the relation between the school and the other school, the number of the access medium after the school, and the behavior or circumstances after the school’s passage, etc. (see, e.g., Supreme Court Decisions 201Do12789, May 24, 2012; 201Do1617, Jul. 5, 2012; 2011Do16167, Apr. 23, 2013).

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