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(영문) 부산지방법원서부지원 2020.11.11 2020가단6038
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The term "means of access" under Article 2 (Definition) of the Electronic Financial Transactions Act; 10. The term means any of the following means or information used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the user and the transaction details:

Electronic cards and other similar electronic information;

(b) Digital signature creating key under subparagraph 4 of Article 2 of the Digital Signature Act and a certificate under subparagraph 7 of the same Article;

(c) User numbers registered with a financial company or electronic financial business entity;

(d) Biological information of users;

(e) Article 6 (Selection, Use, and Management of Access Means) (3) Except as otherwise provided for in any other Act, no one shall commit any of the following acts in using and managing any means of access:

Provided, That the same shall not apply where it is necessary for the transfer of an electronic prepayment means or electronic currency under Article 18 or for the provision of security (excluding acts under subparagraph 3 and acts of arranging or arranging them).

1. Transferring or taking over a means of access;

2. Lending or lending a means of access, or keeping, delivering or distributing a means of access, requesting or promising to receive compensation;

3. Lending or lending a means of access, or keeping, delivering or distributing a means of access, knowing that it is intended to be used for a crime or intended to be used in a crime;

4. Taking a means of access as the object of pledge;

5. Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won:

1. Any person who has transferred or acquired a means of access in violation of Article 6 (3) 1;

2. Any means of access, in violation of Article 6(3)2 or 3.

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