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(영문) 창원지방법원 마산지원 2020.01.31 2019고정316
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, in May 2019, the Defendant heard the horses that “a personal money is loaned, and a physical card is sent in a way to repay the principal and interest by using the lending party’s card,” and around 15:00 on May 27, 2019, the Defendant sent Kwikset service articles to the Kwikset service articles that sent the non-indicted’s name before the Chang-si, Chang-si, Chang-si, Masan., the Defendant opened one check card connected to his own bank account (D).

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

[A. Under Article 6(3)2 of the Electronic Financial Transactions Act, the term “loan of access media” refers to an act of lending a means of access to any third person temporarily using a means of access without managing or supervising the means of access, and “price” refers to economic benefits corresponding to the lending of the means of access (see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019). Meanwhile, if relevant circumstances are objectively determined, it is deemed that the delivery of the means of access was not a means for lending, but rather for lending that the other person can arbitrarily conduct electronic financial transactions, and if so, it constitutes the transfer of the means of access under Article 6(3)1 of the Act.

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