(영문) 대전지방법원 서산지원 2019.05.01 2018고단939

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(영문) 대전지방법원 서산지원 2019.05.01 2018고단939

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one shall lend the means of access in return for any consideration, demand or promise, unless otherwise provided for in any other Act.

Nevertheless, on June 2018, the Defendant received a proposal from a person who had misrepresented himself/herself as “B” staff of a lending company in a remote area (hereinafter referred to as “B”) and would have received a proposal that “I will execute a loan if he/she transferred a physical card” from the person who had misrepresented him/her.

Accordingly, at around 15:00 on June 27, 2018, the Defendant contained one physical card connected to the E bank account (F) in the name of the Defendant in Seosan City, Seosan-si, in a box, and then had an article on cargo delivery as the place of receipt of the Seoul Yeongdeungpo-gu, Seoul.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. A petition and a statement of H;

1. The defendant asserts that the transfer details, the warrant letter, and the I conversation content form a physical card by the method designated by the winners of the name cards in order to obtain a loan, and thus, he does not lend the card in return for the consideration.

However, the term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending the means of access to a third party temporarily by using the means of access without managing and supervising the user of the means of access. In short, the Defendant did not properly confirm the business that he/she wishes to allow the lending of the means of access, and the Defendant issued the e-mail card to the e-mail without specifying the timing and methods of receiving the delivery of the e-mail card so that the e-mail may conduct an electronic financial transaction without managing and supervising the Defendant. This constitutes “loan of access media.”

In addition, Article 6 (3) 2 of the Electronic Financial Transactions Act shall be applied.

참조조문

-전자금융거래법 제6조 제3항 제2호

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