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(영문) 울산지방법원 2015.04.02 2014고정2093
전자금융거래법위반
Text

The accused shall be innocent. The summary of this judgment shall be notified publicly.

Reasons

No person of the facts charged shall transfer the means of access for electronic financial transactions.

Nevertheless, around May 2014, the Defendant received the phone from Yangsan-si C and Dong 103, which is the Defendant’s residence, to send the passbook to the Defendant, and accepted it through Kwikset Service Articles, through which the Defendant accepted it, and opened the passbook and cash card, which are linked respectively to the Agricultural Cooperative Account (D) and the post office account (E) in the name of the Defendant, and notified the password by telephone.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

No person of "2015 Go-Ma169" shall transfer or acquire the head of a Tong, cash card, etc. which is the means of access necessary for electronic financial transactions.

Nevertheless, the Defendant received a proposal to transfer the passbook by telephone from a nameless person who has no family member's friendship, and consented thereto, and then transferred the means of access to the passbook and cash card connected to the agricultural bank account (Account NumberF) in the Defendant's residence in Yangsan-si around May 30, 2014, using Kwikset service.

Judgment

1. Article 2 Subparag. 10 of the Electronic Financial Transactions Act provides for “electronic cards and other electronic information equivalent thereto,” “user numbers registered with financial institutions or electronic financial business entities,” and Article 6(3) prohibits, in principle, the transfer or acquisition of the means of access. Article 49(4)1 of the same Act provides that “any person who transfers or acquires the means of access in violation of Article 6(3)1 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.”

In general, it refers to the transfer of rights or articles to another person, and the interpretation of penal provisions should be strict and the meaning of the express provisions.

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