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(영문) 수원지방법원 2014.01.16 2012노2419
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, not temporary lending intention to C, transferred the means of access with the intention of conclusive transfer, but was not guilty of the facts charged. The lower court erred by misapprehending the facts.

2. Determination

(a) No person who is a summary of the facts charged shall issue a transaction request in electronic financial transactions or transfer a means of access, such as an electronic card, used to secure the accuracy of users and transaction details;

Nevertheless, on May 11, 2009, the Defendant transferred a female-friendly worker C’s deposit passbook (Account Number: D) and cash card, foreign exchange bank deposit passbook (Account Number: E) and cash card, cash card, bank deposit passbook (Account Number:F) and cash card, post office deposit passbook (Account Number: G account Number) and cash card, company bank deposit passbook (Account Number: G), and cash card, bank deposit passbook (Account Number: account number) and cash card, company bank deposit passbook (H: account number) and cash card.

B. The lower court rendered a judgment on the premise that the “transfer of access media” subject to punishment pursuant to Article 49(4)1 of the Electronic Financial Transactions Act refers to the transfer of ownership or right to dispose of means of access to another person on a conclusive basis, and does not include gratuitous lending or delegation for temporary use. The lower court acquitted the Defendant on the ground that the evidence presented by the prosecutor alone is insufficient to acknowledge the fact that the Defendant transferred the means of access in the name of the Defendant to C, and that there is no other evidence to

C. Article 2 Subparag. 10 of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013; hereinafter the same) provides for “electronic card and other similar electronic information”, “user numbers registered with financial institutions or electronic financial business entities,” etc. as the type of the means of access regarding financial accounts.

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