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(영문) 청주지방법원 제천지원 2018.05.31 2017고단372
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on November 2016, the Defendant issued a proposal to the effect that he would borrow a check when sending the check from his nameless person, and transferred the check to his nameless person via Kwikset Service Articles, through Kwikset Service Articles, one check card connected to the new bank account in the name of the Defendant to the nameless person.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of the investigation report (verification of criminal records of the same kind as the suspect), and non-prosecution decision;

1. Details of financial transactions and replys to seizure warrants;

1. A copy of the new bank passbook [Article 49 (4) 1 of the Electronic Financial Transactions Act is punished for transferring or taking over access media in violation of Article 6 (3) 1 of the same Act, and where an access medium, such as deposit passbook, cash card, and password, is delivered in the speech that he/she would give a loan, it does not constitute a "transfer" of the access medium under Article 6 (3) 1 of the same Act unless it is merely delegated the temporary use of the access medium.

However, the relevant circumstances are objectively determined, in light of the motive and circumstance leading up to the delivery of access media, the relation between the school and the other party to the school, the number of sub-school-related media after the school, the behavior or circumstances after the school division, and whether there was an agreement on the subject, amount, interest rate, and method of receiving loans with respect to loans that have become the motive for the school division, etc., if it can be deemed that the delivery of such access media allows other persons to conduct electronic financial transactions at will using the access medium rather than the means for receiving the loans, it can be said that it is not practicable to allow the delivery of the access medium to conduct electronic financial transactions at will.

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