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(영문) 수원지방법원 안양지원 2014.10.10 2014고단1065
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Around November 201, 2013, the Defendant transferred Kwikset service article sent by the Buddhist loaner in front of the agricultural cooperative located in Ansan-gu Hodong-dong with the title of the Defendant’s passbook (B), physical card, and password to the Kwikset service article.

2. Determination under Article 49(4)1 of the Electronic Financial Transactions Act prohibits the act of “transfer” or “acquisition” in violation of Article 6(3)1 of the said Act. ① Interpretation of the Criminal Act must be strict and broad or analogical interpretation to the disadvantage of the accused is not allowed. ② Electronic Financial Transactions Act provides for punishing the act of lending or lending the means of access in return for consideration or in return for consideration. It is clear that the act of lending the means of access is not subject to punishment. Furthermore, Article 6(3)3 of the said Act provides for punishing the act of establishing a right of access separate from “use” and “use”. Article 49(1)5 of the said Act provides for the punishment of acts of establishing a right of access in relation to the act of disposal. ③ In that sense, Article 49(3)2 of the said Act provides for the scope of punishment under Article 9(3)1 of the said Act, including the act of selling or lending the means of access to another person, or the act of using or providing the means of access to another person by embezzlement or by taking account of negligence.

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