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(영문) 수원지방법원 평택지원 2017.04.19 2016고정776
전자금융거래법위반
Text

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

Reasons

1. On August 11, 2016, the Defendant, at the septic tank cleaning office operated by the Defendant of Pyeongtaek-si, issued a password connected to the account under the name of the Party in order to obtain a low interest loan from the Defendant.

“A” shall hear the horses and transfer a password, which is an access medium, to which each account number and password of the new bank account (Account Number D), the Nonghyup account (Account Number E), and the corporate bank account (Corporate Bank F), are recorded, by facsimile, and by transmitting the loan agreement to the above person under the name of the defendant.

2. Determination

(a) Article 49(4)1 of the Electronic Financial Transactions Act provides that a person who transfers or acquires any access medium in violation of Article 6(3)1 of the same Act shall be punished. Article 2 Subparag. 10 of the same Act provides that “the definition of “the access medium” shall be used to give instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details in electronic financial transactions; (1) the electronic signature-generating information and electronic information equivalent thereto under subparagraph 4 of Article 2 of the Electronic Name Act; (2) the electronic signature-generating information under subparagraph 7 of the same Article; (3) the user number registered with a financial institution or electronic financial business entity; (4) the user’s biological information; and (2) the means or information necessary to use the means or information; and (3) Article 2 Subparag. 10 of the Electronic Financial Transactions Act provides that “the user and electronic financial business entity are provided with any means or information falling under any of the above or in any of the following means or information, with respect to an electronic financial company’s definition or electronic financial business entity’s electronic means of contact.”

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