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(영문) 인천지방법원 2015.01.15 2014고단8528

사기방조등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. Violation of the Electronic Financial Transactions Act;

(a) No one shall issue a transaction request in electronic financial transactions or transfer a means of access used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, around 14:00 on October 16, 2014, the Defendant, via Kwikset Service Officer, around Dwikset Hospital located in Nam-gu Incheon Metropolitan City, sent a passbook and physical card connected to the Defendant’s name bank (E), one bank (F) account, and notified the password.

In addition, the Defendant transferred the means of access to electronic financial transactions three times from that time to October 23, 2014, as shown in attached Table 1.

(b) No person who acquires a means of access may issue a transaction request in electronic financial transactions or take over the means of access used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, at around 16:00 on October 23, 2014, the Defendant, along with the Defendant, obtained a passbook, physical card, and password connected to the bank account (H) account in its name from the East-gu Incheon Metropolitan City from the East-gu patient G hospitalized in the alcohol addiction rehabilitation hospital with the Defendant, and obtained a passbook, physical card, and password connected with the said hospital’s medical East patient I to the new bank account (J) account in its name.

Accordingly, the Defendant acquired the means of access.

2. On October 16, 2014, the Defendant: (a) knew of the fact that the organization of the phishing fraud fraud crime committed against many unspecified persons, the Defendant, with the knowledge that it committed the fraud, sent the passbook, physical card, and password connected to one bank account under the name of the Defendant, to facilitate the commission of the crime; and (b) transferred the passbook, physical card, and password to the above person under the name of the Defendant to deliver the tools of the crime.

After October 17, 2014, the names of those who have been lost.