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(영문) 전주지방법원 정읍지원 2015.11.24 2015고단255
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

(a) Except as otherwise provided for in any other Act, no principal charge shall be transferred with a means of access used in electronic financial transactions;

Nevertheless, around January 23, 2015, the Defendant transferred the means of access to financial institutions by issuing a cash card to the bank account (Account Number C) in the name of the Defendant to a person who is unable to know his name through Kwikset service article at the front side of the entrance area 4 of the subway Seoul Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City.

(b) Except as otherwise expressly provided for in any other Act, no person charged with preliminary charges shall borrow or lend a means of access or distribute a means of electronic financial transaction while demanding, demanding, or promising to provide, a means of access.

Nevertheless, on January 23, 2015, the Defendant promised to receive a loan from a person whose name is unknown, and transferred the means of access of financial institutions to a person who is unable to know the above name at the front of the entrance of the subway Seoul Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, by delivering the cash card to the account (Account Number C) in the name of the Defendant, and the relevant password.

2. The assertion and judgment

A. The Defendant and his defense counsel’s assertion that: (a) the Defendant entrusted a borrower with the temporary use of the means of access by a financial institution, such as the entry in the facts charged, for the purpose of obtaining a loan by deceiving the lender at the end of the false statement in the false statement in the name of the person who has the most false name; (b) the Defendant did not transfer the means of access by a financial institution such as entry in the facts charged as stated in the primary facts charged; and (c) the Defendant

B. 1) Determination on the primary facts charged is based on the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”).

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