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(영문) 서울중앙지방법원 2014.10.17 2014고단160 (1)

사기등

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

[2014 Highest 160]

1. No person may transfer or acquire a means of access used for electronic financial transactions;

Nevertheless, on September 23, 2013, the Defendant issued a proposal that “100,000 won per account shall be paid if the account is lent only a day,” from Seongbuk-gu Seoul Metropolitan Government 5 Do Do Do dong 50 Do dong 70 Do Do dong 2013, D, E, etc., and transferred the means of access by providing Do Do , etc. with the physical card necessary for electronic financial transactions of five accounts, such as the Defendant’s name straw Do Do Do Do ladrid Bank F account, as indicated in the attached Table 2 Nos. 7 through 11 of the List of Offenses.

[2014 Highest 2030]

2. No defendant B may borrow a means of access with compensation or lend a means of access with compensation.

Nevertheless, around September 7, 2013, the Defendant received 50,000 won in front of the mountain basin in the Gyeonggi-si, and lent the means of electronic financial transactions, such as passbooks, physical card, card number, and passwords, necessary for G and H to use four accounts, including the NHF Bank Account (I), post office account (J), KDB Industrial Bank Account (K), and Switzerland-based bank account (L) in the name of the Defendant.

Summary of Evidence

Facts No. 1

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. A protocol concerning the police investigation of the defendant A;

1. Each police statement about M and N;

1. A written statement ofO and P;

1. Facts set forth in Article 2 of the Regulations on Bank Transactions;

1. Defendant B’s partial statement

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (a) concerning criminal facts by Defendant A (a means of access transfer) (Article 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (a means of access transfer) concerning criminal facts by Defendant B;

1. Selection of a fine for negligence (the accused)