beta
(영문) 서울서부지방법원 2017.01.19 2016고정1248

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment in connection with the use and management under the Electronic Financial Transactions Act.

1. On May 18, 2016, around May 18, 2016, the Defendant lent a e-mail card to a person with no name, in the vicinity of the e-mail in Songpa-dong, Songpa-gu, Seoul and promised to receive KRW 40,000 per e-mail card in return, and then transferred two copies of the e-mail card linked to the e-mail account in the name of the Defendant (C) account in the name of the new bank (D) account in the name of the Defendant, and the e-mail card linked to the said account.

2. On May 24, 2016, around May 24, 2016, the Defendant lent a e-mail card to a person with no name, as described in the preceding paragraph, in the vicinity of the e-mail in Songpa-dong, Songpa-gu, Seoul, and, in return, promised to receive KRW 40,000 per e-mail card, the Defendant transferred two copies of the e-mail card linked to the e-mail’s account, e-mail’s account, corporate bank’s account, and e-mail card connected to the said account.

Accordingly, the defendant promised to pay the price and lent the electronic financial transaction access media.

[Defendant and his defense counsel claimed that the defendant would have received part-time fees between the needy parties, and that they did not intend to receive money in return for lending media access to electronic financial transactions.

However, considering the following facts and circumstances acknowledged by the evidence adopted and examined by this court, it is reasonable to view that the content proposed by the person without the above name at the time is the content that the person with no name should either lend or deliver an electronic financial transaction medium to the person with no name by ice ice ice, and receive in addition to 40,000 won per day of each bank account in return, and the defendant seems to have lent the electronic financial transaction media even with knowledge of such fact.

The defendant, as the defendant;