beta
(영문) 서울남부지방법원 2012.08.22 2011고단2074

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[1] Notwithstanding the fact that anyone is prohibited from transferring or taking over the means of access used in electronic financial transactions, the defendant, around November 23, 2010, issued at the large bank account in the name of the defendant (C) in the name of the defendant at the large bank branch in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to deliver Kwikset-dong with Kwikset-si's services.

In addition, from November 17, 2010 to February 7, 2011, the Defendant issued 10 bankbooks to bank accounts in the name of the Defendant from November 17, 201 to February 7, 201, and transferred the means of access used for electronic financial transactions.

[2] [2] Highest 2011 Highest 2189

1. A around November 24, 2010, the Defendant sold an account number (E’s deposit passbook, physical card, and password to 60,000 won) opened in the name of the Defendant to D.

On November 25, 2010, the Defendant, with the knowledge of the fact that the said D had sold goods to the victim F and had received 230,000 won transferred to the above national bank account, and entered the Guro Digital Branch in Guro-gu Seoul, Guro-gu, and used the cash card of the above national bank to withdraw 220,000 won out of the above money for daily expenses.

Accordingly, the Defendant embezzled 20,000 won, which was kept as the above national bank account in the name of the Defendant for the victim.

B. On November 25, 2010, the Defendant: (a) knew of the fact that the said D had by deceptioned the victims from selling goods against the victim; and (b) transferred KRW 1.50,000 to the said national bank account; and (c) used the said cash card in the Guro-gu Seoul Metropolitan Government to withdraw KRW 150,000 and use it for daily expenses, using the said cash card which was re-issued in advance.

Accordingly, the defendant embezzled 150,000 won, which was kept as the above national bank account in the name of the defendant for the victim.

2...