logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.12.17 2015고정294
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Except as otherwise provided for in other Acts, no person charged shall transfer or acquire any electronic card or other equivalent information used to issue instructions for transaction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions;

On June 18, 2014, the Defendant was proposed to lend cash cards, etc. from an unqualified person to the Defendant.

The Defendant had previously sent the passbook and cash card in order to obtain a loan by such a way as above, and had experience in getting the loan and being returned to the passbook, etc., so the Defendant thought that even if sending the passbook and cash card to the above-mentioned person, it may not be returned.

Nevertheless, around 15:00 on June 18, 2014, the Defendant transferred the means of access to electronic financial transactions, such as the physical card and password of the bank account (C) under the name of the Defendant, to a person who is not the party to the name.

2. On June 19, 2014, the Defendant and the defense counsel applied for a loan by telephone with a word that it is possible to lend, and on the other hand, the Defendant and the defense counsel visited the Defendant by a person who is an employee of the lending business, who was an employee of the lending business, and visited the Defendant and passed the card on the card terminal and shared the password on the ground that the loan is completed, and the loan is completed. There is no transfer of the card or the password.

3. According to the evidence duly adopted and examined by this court, the fact that on June 19, 2014, the bank account under the name of the defendant was used for a crime and the Bophish victim remitted money to the above account; on the same day, the bank card (credit card number: D) was requested for the credit card approval on three occasions from the above account using a physical card connected to the above account; however, the credit card password was not withdrawn by the certification error;

arrow