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(영문) 수원지방법원 2018.07.19 2018고단494
전자금융거래법위반
Text

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

Reasons

1. The facts charged in this case

(a) No person charged with the primary charge shall transfer the access medium in using and managing the access medium;

Nevertheless, at around 17:00 on August 16, 2017, the Defendant received 4% of the amount of money transferred from the operator of a private Internet gambling site in the name of "B team leader" and "C" to the account designated by the Defendant at a fee from the operator of the private Internet gambling site at around 5 times in the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant, at around 17:00, received 4% of the amount from the designated account from the operator of the private Internet gambling site at a fee, and then, he/she provided a f with a d bank account (Account Number: E) access media in the name of the Defendant.

Accordingly, the defendant transferred the access media to the defendant.

(b) No person charged with preliminary charges may lend any access medium while receiving or promising the consideration.

Nevertheless, at around 17:00 on August 16, 2017, the Defendant received a proposal that the Defendant paid 4% of the remittance amount of money deposited to a designated account from the operator of the private Internet gambling site in the name of "B team leader" and "C" as the fee, and the Defendant sent a physical card to him/her for personal identification in preparation for the above deposited money. The Defendant received a proposal that he/she would return it after verification if he/she sent it to him/her for personal identification in preparation for the above deposited money. The Defendant sent a physical card, which is an access medium of the D bank deposit account (Account Number: E) in the name of the Defendant, to the Defendant, and notified the password.

As a result, the defendant promised to receive compensation and lent the approaching media.

2. Determination:

A. The term “transfer” of an access medium as referred to in Article 49(4)1 of the Electronic Financial Transactions Act means a definitive transfer of the ownership or right to dispose of the access medium on the basis of the transferor’s intent.

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