(영문) 수원지방법원 안양지원 2015.04.09 2014고단1712

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(영문) 수원지방법원 안양지원 2015.04.09 2014고단1712

전자금융거래법위반

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. On July 14, 2014, the primary charges charged by the Defendant, following the proposal that “one passbook is leased to another person, one month, and three million won shall be given to another person” from the person in the name of Seongdong-gu Seoul Metropolitan Government, and then the post office passbook (E), the community credit cooperative passbook (F), and two check cards linked to these accounts opened in the name of the Defendant was sent to the said person via Kwikset Service, and the password was notified by telephone.

Accordingly, the Defendant lent the means of access in return for compensation.

B. On July 14, 2014, the Defendant: (a) received a communication from a person not registered in Seongdong-gu Seoul, to the effect that he would deliver a passbook to the person in charge of the name; (b) consented to the proposal; and (c) sent to the said person a post office passbook (E); (e) a community credit cooperative account (F); and (e) a postal card linked to these accounts opened in the name of the Defendant; and (e) notified him of the password by telephone.

Accordingly, the Defendant transferred the means of access.

2. Regarding the main facts charged around the defendant's defense counsel's assertion, the defendant has lent the means of access to a person who is not in the name of the defendant, but there is no cost for such lending.

As to the ancillary facts charged, the defendant did not temporarily lend the means of access to a person in the name of the defendant, but did not have the intention of transfer.

3. The current Electronic Financial Transactions Act, effective from January 20, 2015, which applies to the judgment on the main facts charged in the instant case (amended by Act No. 13069, Jan. 20, 2015), prohibits “the act of borrowing or lending means of access, etc. while demanding or promising compensation” from “the act of lending or lending means of access, etc.” is subject to punishment.

(See Articles 6(3)2 and 49(4)2 of the same Act. Article 49(4)2 of the same Act punishs “a person who borrows or lends a means of access in violation of Article 6(3)2.”

참조조문

-전자금융거래법

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