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(영문) 청주지방법원 2019.01.17 2018고단2129
전자금융거래법위반등
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Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act and the Telecommunications Business Act shall borrow or lend any means of access used in electronic financial transactions in receiving, demanding or promising the payment therefor, or keep, deliver or distribute any means of access, and may intermediate communications of another person or provide such means for communications of other persons using telecommunications services provided by a telecommunications business operator;

Nevertheless, on October 2016, the Defendant received the proposal that “if the Defendant lent the passbook in the name of the Defendant, and the mobile phone heart chip was created, it would be paid KRW 800,000 as a consideration.” On November 2, 2016, the Defendant received 80,000,000 from the deceased on the phone, and then delivered the Defendant’s name to the needy person via Kwikset Service Articles.

Accordingly, the Defendant lent the means of access in return for compensation, and provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

2. No person who violates the Electronic Financial Transactions Act by Defendant B shall borrow or lend a means of access used in electronic financial transactions at the time of receiving, demanding or promising the payment, or keep, deliver or distribute the means of access;

Nevertheless, around October 2016, the Defendant accepted the proposal that “the head of Tong and OTP card in the name of the Defendant will be paid KRW 500,000,000 if he borrowed the passbook and the OTP card in the name of the Defendant” from G and H, and around that time, the Defendant opened the passbook (Account Number D), the OTP card, the mobile banking ID and password in the name of the Defendant to G and H.

Accordingly, the Defendant lent the means of access in return for compensation.

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