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(영문) 대전지방법원 2018.04.13 2018고정16

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person violating the Electronic Financial Transactions Act is prohibited from transferring access media in using and managing access media. However, the Defendant promised to receive KRW 400,000 in return for the transfer of one e-mail card connected to the account held in the Defendant’s name to B around September 2016. Around that time, the Defendant transferred the e-mail card and one e-mail connected to the Saemaul Treasury (C) in the name of the Defendant, and received KRW 400,000 from B by transferring the e-mail card and one e-mail connected to the Daejeon Complex under the name of the Defendant.

Accordingly, the defendant transferred the access media to others in using and managing the access media.

2. Violation of telecommunications business Act.

A. On August 2016, the Defendant: (a) received a request from B to open a core chip (USIM, Unival Subation) chip from a mutually aesthetic station located in the Jung-gu Daejeon, Daejeon; (b) received a call from B to open a core chip at around that time; and (c) charged KRW 30,000 won with a single core chip (phone number D, communications business operator SK Telecom, and separate business operator “E”); and (d) transferred the core chip after receiving KRW 50,000 from B.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

B. On October 2016, the Defendant received a request from B to open a core chip, and around that time, transferred the core chip to KRW 30,000,000 after charging KRW 10,000,00,000 by using one core chip (G).

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Written statements of J, K, L, M, N,O, P, Q, and R;

1. Each detailed statement of transfer and transaction;

1. Requests for provision of communications data and replies;

1. Application of Acts and subordinate statutes to report internal investigation (the opening of an account, confirmation, and case);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;