logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2020.10.20 2020고단46
전자금융거래법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. In using and managing a means of access in this case, no person may borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on February 13, 2019, the Defendant sent a physical card for identification to a person whose name is unknown, who is unable to know his/her name, to request that the Defendant deposit KRW 1,50,000 per day to the account when he/she starts the day after identification. If he/she starts the day after identification, he/she shall deposit KRW 1,50,00 per day.” On February 14, 201, the Defendant received the proposal and consented, and then, at a permanent bus terminal located in the interesting household in the name of the Defendant at around 18:00, he/she sent one physical card connected to the post office account in the name of the Defendant at the permanent bus terminal located in the interesting household in the name of the Defendant (number: B).

As a result, the Defendant promised to receive intangible expected benefits by finding employment in the future and lent the means of access.

2. Determination

A. Article 1 of the Electronic Financial Transactions Act was enacted to clarify the legal relationship of the electronic financial transaction to ensure the safety and reliability of the electronic financial transaction (Article 6(3)2). “The act of lending the means of access while receiving, demanding or promising the payment (Article 6(3)2).” “Access medium lending” under Article 6(3)2 of the Electronic Financial Transactions Act means lending the means of access to any other person temporarily without managing and supervising the user of the means of access in making use of the means of access (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017).

arrow