(영문) 창원지방법원 2014.12.18 2014노1229 | 리걸엔진

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(영문) 창원지방법원 2014.12.18 2014노1229

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. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below that the defendant, although there was only a fact that he lent the passbook and cash card in the post office account under the name of the defendant to another person, the defendant did not transfer the passbook and cash card to another person, the means of access.

B. The lower court erred by misapprehending the legal doctrine on the following grounds, thereby adversely affecting the conclusion of the judgment.

1) Inasmuch as there is no evidence to prove that an electronic financial transaction contract has been concluded with a post office with regard to the head of a post office under the name of the Defendant, the said head of a Tong cannot be deemed as “means of access” under the Electronic Financial Transactions Act. 2) The Electronic Financial Transactions Act provides that “the act of lending the means of access in return for payment” shall be punished (Article 6(3)2 of the Electronic Financial Transactions Act). In short, the Defendant did not receive the means of access

C. The Defendant asserts that the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. In the facts charged at the trial of the party, the ex officio judgment prosecutor issued Kwikset Service a post office account (C) and one cash card (including a password) under the name of the defendant to the needy party and transferred the means of access to the latter through Kwikset Service.” The prosecutor accepted the proposal from the needy party to open and lease the passbook under the name of the defendant, and then issued a one of the post offices accounts (C) and one of the cash cards (including a password) under the name of the defendant to Kwikset Service, through Kwikset Service.

Accordingly, the defendant has the means of access for electronic financial transactions.

참조조문

-전자금융거래법

-전자금융거래법 제6조 제3항 제2호

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