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(영문) 서울북부지방법원 2015.05.07 2015노62
전자금융거래법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (a fine of KRW 800,000) imposed by the court below against the defendant is too unreasonable.

2. No person charged with this case may lend a means of access for consideration.

Nevertheless, on July 7, 2014, the Defendant borrowed the means of access, such as a community credit cooperative account (B) account and cash card and password, opened in the name of the Defendant to a person who has failed to obtain a statement of account, on three months in return for lending the passbook.

3. Before determining the Defendant’s grounds for appeal ex officio, the lower court convicted the Defendant of the facts charged in the instant case by applying Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”). However, the former Electronic Financial Transactions Act prohibits “a person who borrows or lends a means of access in exchange for consideration or in return for consideration,” under Article 6(3)2 of the former Electronic Financial Transactions Act, and punished “a person who borrows or lends a means of access in violation of Article 6(3)2,” under Article 49(4)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”) to either receive or lend the means of access or to keep, deliver or punish the means of access in violation of Article 6(3)2 of the former Electronic Financial Transactions Act.

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