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(영문) 대구지방법원 2014.02.13 2013고단6192

사기방조등

Text

Defendant

A shall be punished by a fine of 10,000,000 won, and by imprisonment of 10 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. After the Defendants established a corporation in violation of the Electronic Financial Transactions Act with Defendant B’s representative, they offered money by opening an account under the name of the corporation and transferring the passbook, cash card, and security cards for Internet banking to a third party. The Defendants, around November 28, 2012, registered the business of F Co., Ltd. F (corporate registration number G, address He203, and main business: household store store store store store store store store store store store store store store in Daegu-gu, Daegu-gu, and one bank account account account number I) in the name of F at the number-dong branch of one bank located in Sungsung-dong, Daegu-dong, on December 3, 2012.

No person may transfer or acquire the means of access in using and managing the means of electronic financial transactions.

Nevertheless, around December 3, 2012, the Defendants conspired and transferred 22 means of access, such as a passbook in the name of a corporation established by Defendant B as the Defendant’s representative from November 28, 2012 to December 12, 2012, following the issuance of one bank account (Account Number I), cash cards, and security cards for Internet banking, and then sending the means of electronic financial transactions to J using Kwikwikset Service.

2. In the event that the Defendants transferred the passbook, etc. to J as set forth in the preceding paragraph, the Defendants knew that either the J or the person who received the passbook, etc. from the Defendants was aware of the fact that the Defendants would have committed a loan fraud by the method of “scaming” (hereinafter “J, etc.”), but, on December 3, 2012, one bank account (Account Number I) was established in the name of the F.