beta
(영문) 인천지방법원 2021.01.21 2020고단9617

전자금융거래법위반

Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while demanding or promising to receive the price;

Nevertheless, on May 2017, the Defendant paid KRW 100,000 per month between February of the week when he/she lent his/her account from a person without his/her name, and accepted it from March of the month after receiving a proposal to pay KRW 20,000 per month.

On May 13, 2017, the Defendant lent the access media in the same way four times in total, such as (1) the list of crimes in the attached Form No. 2, from the time to May 2, 2019, to the name in the name in the front of Incheon Gyeyang-gu, Incheon Metropolitan City, along with the delivery of the physical card and password connected to the company bank account (D) in the name in the name of the Defendant.

2. No one shall borrow or lend any access medium, or store, deliver, or distribute any access medium in receiving, demanding, or promising to receive compensation;

Nevertheless, on April 2016, the Defendant paid KRW 100,000 per month between February of the week when he/she lent his/her account from a person without his/her name, and accepted it from March of the month after receiving a proposal to pay KRW 20,000 per month.

On April 4, 2016, the Defendant lent the access media in the same way five times in total, including the delivery of physical cards, passwords, and official certificate connected to the F bank account (G) in the name of the Defendant, at the front of the apartment apartment in Gyeyang-gu Incheon Metropolitan City, Incheon, by July 5, 2018, from that time to July 5, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A criminal investigation report (Submission of the details of telephone conversations with A, I bank account transactions in H name);

1. Application of the relevant Act and subordinate statutes on separate account details - Account transaction details;

1. The Defendants of the relevant Act on criminal facts: Articles 49 (4) 2 and 6 (3) 2 of the respective Electronic Financial Transactions Act;

1. Trade name;