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춘천지방법원 원주지원 2017.02.13 2016고단734

전자금융거래법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged shall not be an act of transferring the access medium in using and managing the access medium under the Electronic Financial Transactions Act;

Nevertheless, on April 12, 2016, the Defendant heard the horses of the Defendant, at the Defendant’s house located in the Seoul Special Metropolitan City B, 107 Dong 602, that he would pay 1,700,000 won on the face of 1,70,000 won on the face of 1,70,000 won, and transferred e-mail card (hereinafter “the instant e-mail card”) connected to the new bank account (Account Number C) in the name of the Defendant using e-mail service.

2. Determination

(a) The transfer of an access medium as referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the acquisition of the ownership or right to dispose of the access medium by the transferor’s intention, and does not include a lease or a delegation for temporary use.

B. Since the police interrogation protocol against the defendant does not recognize the contents of the protocol, it cannot be admitted as evidence because it has no admissibility.

In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court, there was a criminal intent that the Defendant transferred the access media or transferred the instant physical card to another person by conclusive transfer of the ownership or right to dispose of the instant physical card to another person only with other evidence submitted by the prosecutor.

The recognition is insufficient, and there is no other evidence to prove it.

1) On April 10, 2016, the Defendant reported the job offer advertisement of “D” company on the job offer advertising site called “Aonmon,” and sent his/her curriculum vitae, etc. to E, a person in charge of employment of the said company around April 11, 2016.

2) On April 12, 2016, the Defendant: (a) around April 12, 2016, the said Company was a company editing drama or motion pictures; and (b) was opened to prevent the leakage of drama or motion pictures.