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(영문) 수원지방법원 평택지원 2015.05.14 2015고정121
전자금융거래법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. No person who is a summary of the facts charged may transfer a means of access used for electronic financial transactions;

Nevertheless, around October 21, 2014, the Defendant issued a proposal to loan KRW 3 million from a person who was not the deceased's name to a third party the passbook and the physical card, etc., and then sent the cash card, etc. to a third party even before being returned, and the account was used for the crime, and even if the account was used for the crime, it may not be returned to the person who was the deceased's name, and there was no means to receive the return, and there was no means to receive the return. On October 23, 2014, the Defendant issued Kwikset Service, which was linked to the company D account in the name of the Defendant, to the Kwikset Service, operated by the Defendant in Yongsan-gu Seoul Special Metropolitan City, on October 23, 2014.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

2. The transfer of the means of access referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the definitive transfer of the ownership or the right to dispose of the means of access, and does not include the lending or temporary use of the means of access.

However, according to the records, the defendant did not receive any consideration in return for the establishment of a physical card, applied for the suspension of the transaction immediately after receiving the physical card from the bank employees on the following day after the date on which he opened the physical card, and entered all the telephone numbers, names, etc. of the lending consultants in his own telephone, and the head of the Tong can find out the fact that only the physical card was opened without only four.

Furthermore, it cannot be readily concluded that the Defendant had an intention to confirm the means of access solely on the grounds that the Defendant had been subject to investigation by the same criminal act as the previous offense, and it is necessary to withdraw the interest on the loan in consideration of the Defendant’s age, etc.

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