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(영문) 인천지방법원 2018.05.09 2018고단1070

전자금융거래법위반

Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

1. On November 13, 2017, Defendant A, at around 12:00, issued a proposal to the effect that “1.5 million won will be granted by telephone from a person in a name-free title, in front of the Nam-gu, Incheon, Nam-gu sublim A, 4:248-176, and that “If the head of a bank account is sent with a e-mail card connected to the e-mail bank account, the head of the bank card connected to the Defendant’s name (D) and one copy of the e-mail card connected to the Defendant’s bank account, respectively, through Kwikset’s Kwikset’s services.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and used the approach media respectively.

2. On November 16, 2017, Defendant B received a proposal from Gyeyang-gu, Gyeyang-gu, Incheon, to the effect that “150 million won loans will be granted by telephone from a person who is in a name-free will, but if you send a e-mail card connected to an account under the name of the principal, they will hold a loan by accumulating transaction performance if you send the e-mail card connected to the account under the name of the principal,” and then leased one e-mail card connected to the Defendant’s name bank account through Kwikkset service.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the approach media.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with H;

1. Application of warrant reply data, A account, and B Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.