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(영문) 수원지방법원 안산지원 2019.08.30 2019고단638
전자금융거래법위반
Text

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

Reasons

1. On March 8, 2018, the Defendant, on the charge of the instant facts charged, agreed to lend the name bearers (hereinafter “B”) the ID and password of the C account under the name of the Defendant and the certification account registered in the C, under the condition that 2% of the daily trading amount is paid from the name Buddhist winners at midnight.

At around 11:54 on the same day, the Defendant informed the above company bank account number (D) to the above B via E message, and thereafter, if the money is deposited into the above company bank account, the Defendant transferred the money to C virtual account (F) in the name of the Defendant, as ordered by the non-member of the name, and the Defendant issued Gbook certification so that the non-member of the name may transfer the virtual currency from the above C account to the non-exclusive walling.

Then, around 15:04 on the same day, the identification number of the above corporate bank account was informed to the person who was not named.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

2. The prosecutor argues that the account number (D) and password of a corporate bank registered in C constitute “Access Media” under Article 2 subparag. 10 of the Electronic Financial Transactions Act, and that the defendant’s act of informing the above account number and password constitutes a crime of violating the Electronic Financial Transactions Act. We examine whether the above account number and password are the means of access under the Electronic Financial Transactions Act.

According to the provisions of Article 2 of the Electronic Financial Transactions Act, the term “means of access” means the electronic card and other similar electronic information used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the user and the transaction details, the digital signature creating key under Article 2 subparag. 4 of the Digital Signature Act and the certificate under subparagraph 7 of the same Article of the Digital Signature Act, the user number registered with the financial company or electronic financial business operator, the user’s bio-information, and the above means or information, such as passwords necessary to use the user’s bio-information

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