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(영문) 서울중앙지방법원 2013.11.22 2013고정4252

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. A person violating the Electronic Financial Transactions Act is prohibited from transferring or taking over a means of access under the Electronic Financial Transactions Act, but the Defendant, around May 7, 2010, issued a passbook and cash card in the bank account (B) at the Young-gu Seoul Metropolitan Government Young-gu Branch, and then, the Defendant was a person whose name cannot be known at the time of such issuance.

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

2. On October 20, 2010, a person whose name the above means of access from the Defendant was not known was posted a letter “C,” stating that “I will sell DNA (personal information of the loan requester) even if he/she received money at a place unknown to him/her at no time.” The Internet portal site “C” on the car page, “I will sell the first complete services 4.80,000 won from the victim D to the above bank account in the Defendant’s name.”

Accordingly, the Defendant knew that the means of access that he transferred was to be used as the tools of the above fraud, as in paragraph (1), and aided and abetted the crime by way of building it.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Requests for warrant of search, seizure and verification;

1. An application for issuance of cash/book;

1. Application of Acts and subordinate statutes on deposit;

1. Article 49 (4) 1 of the relevant Act and Articles 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and Articles 347 (1) and 32 (1) of the Criminal Act: Selection of each fine;

1. Article 32(2) and Article 55(1)6 of the Criminal Act for mitigation of aiding and abetting (with respect to the crime of aiding and abetting by fraud)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1.