(영문) 대전지방법원 서산지원 2019.05.01 2018고단1079

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2019.05.01 2018고단1079

전자금융거래법위반

Text

The defendant shall be innocent.

Reasons

1. Except as otherwise provided for in any other Act, no person summary of the facts charged shall transfer or acquire any means of access used in electronic financial transactions;

Nevertheless, on August 6, 2018, the Defendant received text messages from a person who was not the deceased on his/her name, and agreed to receive a loan by influenite in currency with his/her name and influenites. Accordingly, on August 6, 2018, the Defendant transferred the means of access by means of sending one physical card connected to the post office account (E) in the Defendant’s dwelling in Jin-si C Apartment and D around August 14, 2018, to the person who was not the deceased on his/her name.

2. Determination

A. The term “transfer” of the means of access under Article 49(4)1 of the Electronic Financial Transactions Act means a definitive transfer of the ownership or the right to dispose of the means of access, and does not include lending or temporary delegation of the use of the means of access.

B. The Defendant received a message from an investigative agency that it would be possible to borrow a loan and received a loan consultation by communicating with the person who is a counselor or the head of a branch office, etc. Around August 6, 2018, the Defendant prepared an application for the loan and issued a check card along with the documents necessary for the loan review. On the same day, the Defendant stated to the effect that “The check was asked at any time to return the check in currency with the person who is the head of a branch office at around 17:31 on the same day.”

According to the monetary recording file, it is recognized that the defendant sent a telephone to the man who is the head of the above temporary border point, and asked at the time to return the check card, and there is a reply that when the loan is executed, the male returned the check together with the loan and returned the check if the loan is not executed.

C. Considering these circumstances, the Defendant himself.

참조조문

-전자금융거래법 제49조 제4항 제1호

유사 판례

-인천지방법원 2019.11.28 2019노1768

-대법원 2023. 4. 13. 선고 2021도6965 판결

-서울중앙지방법원 2013.11.08 2013노2925

-인천지방법원 2019.10.17 2019노878

-서울동부지방법원 2016.12.02 2016노815