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(영문) 춘천지방법원 원주지원 2019.05.29 2019고단283
전자금융거래법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. As to the use and management of the means of access, Defendant A did not receive, request, or promise to receive or lend a means of access, or keep, deliver, or distribute a means of access despite being aware that the means of access will be used for a crime, the Defendant accepted the proposal from a person in distress (hereinafter “C”) who became aware of the Internet job site around December 29, 2018, stating that “if goods are delivered, it will give KRW 10-170,000 per case.”

On January 15, 2019, at least 13:58, the Defendant: (a) received a copy of the e bank account (account number: G) linked to F’s account in the name of E Bank (Account number) from F before the original branch of E Bank in the original city; (b) around 20:45 on the same day, the Defendant kept the e-mail card at 10:10-o, the Seoul Dongdaemun-gu Seoul Dongdaemun-gu session designated by the person who was not entitled to receive the e-mail and delivered it to the person who was not entitled to receive the e-mail; and (c) kept the e-mail card at 60-o, the e-mail at the e-mail session designated by the person who was not entitled to receive the e-mail, from March 4, 2019.

2. In using and managing the means of access, no one may borrow or lend the means of access, or keep, deliver or distribute the means of access in return for payment, demand or promise.

On February 22, 2019, the Defendant called “I” from a person under whose name the H bank misrepresented “I”, called “I, if you send a physical card, you will execute a loan by piling up transaction performance.” On March 4, 2019, around 14:00, the Defendant laid down one physical card connected to the H bank account (Account Number L) in the name of the Defendant in the J and K. On March 4, 2019.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

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