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(영문) 의정부지방법원 고양지원 2017.05.11 2017고정187
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Except as otherwise expressly provided for in other Acts, no person who outlined the facts charged shall transfer or acquire any access medium;

Nevertheless, around the beginning of August 2016, the Defendant reported a notice on the issuance of a credit card in the Internet NAV LV and the high-class car page, and transferred a five-dimensional medium number connected to the account in the name of the Defendant under the name of the Defendant (B: deposit holder A) to an access medium for electronic financial transactions.

2. Determination

A. Article 49(4)1 of the Electronic Financial Transactions Act punishs the 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 a temporary use of the access medium. Whether the issuance of the access medium is merely a mere delegation of the temporary use of the access medium or transfer of the access medium should be determined on a case-by-case basis, based on objective and comprehensive consideration of the motive and developments leading up to the issuance of the access medium, the relation between the school and the other party of the school, the number of the access medium after the school, and the behavior or circumstances after the school, etc. (see Supreme Court Decisions 201Do12789, May 24, 2012; 201Do16167, Jul. 5, 2012; 2011Do201384, Apr. 13, 2013).

However, the investigative agency was not the head of the Tong identification number but the non-median media identification number was notified by the investigative agency.

The statement was made at the time, and in light of the content of the question and answer, the secret number of the head of the Tong and the similar point of the head of the Tong (C), the statement is made at the investigative agency.

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