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(영문) 수원지방법원 안양지원 2015.04.10 2014고단1063 (1)
전자금융거래법위반
Text

Defendants are not guilty. The summary of the judgment on Defendant B is publicly notified.

Reasons

1. Summary of the facts charged

A. On November 201, 2013, Defendant A transferred Kwikset Service Articles sent by Buddhist Loaners in Seo-gu, Incheon, Seo-gu, Incheon, a post office deposit passbook, physical card, and password under Defendant’s name to the Defendant’s access means.

B. At around 11:00 on November 8, 2013, Defendant B transferred Kwikset service articles sent by the Buddhist Loaner at the office of the office of the office of the office of the office of the U.S., U.S., U.S., U.S., U.S., U.S., U.S., Inc. to the Defendant.

2. Determination:

A. Article 49(4)1 of the Electronic Financial Transactions Act prohibits an act of “transfer” in violation of Article 6(3)1 of the said Act. The term “transfer” of the means of access subject to punishment under the said provision means a definitive transfer of the ownership of or the right to dispose of the access medium to another person, and does not include gratuitous lending or delegation for temporary use.

B. Defendant A’s health team, and the Defendant stated to the effect that “The Defendant loaned KRW 10 million to the investigative agency on the condition that he redeems interest and principal for 60 months at the interest rate of 9.9%, and returned to the Defendant through Kwikset service article, and reported the loss by telephone to the post office at the time when he was informed of the telephone from the lending company after the date of the loan (68-70 pages of the investigation record),” and the Defendant confirmed the means of access at the time of the occurrence of the instant case, and reported the loss of the means of access as the means of access was not returned. This can be deemed as merely the Defendant’s defense. However, the Defendant’s burden of proof of the criminal facts charged in a criminal trial is the prosecutor, and this is the same.

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