beta
(영문) 서울중앙지방법원 2020.06.10 2020고단782

공전자기록등불실기재등

Text

Defendants shall be punished by imprisonment for eight months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2020 Highest 782'- Defendants are delivery units belonging to each delivery company.

1. On November 2018, Defendant A accepted the proposal that “A person who was aware of a loan through the Internet is unable to know his/her name, thereby opening a passbook and allowing a loan on a dry side” from a person whose name is unknown.

No person shall transfer any electronic card, user certificate, password, etc. which is a means of access to electronic financial transactions issued by a financial institution.

그럼에도 불구하고 피고인은 성명불상자로부터 대출을 받기 위하여 유한회사 C을 설립한 후 각 유한회사 C 명의의 D은행 계좌(계좌번호 ①E, ②F)를 개설하였고, 2018. 11.경 서울 관악구 신림역 인근에서 위 각 유한회사 C 명의 D은행 통장 2개에 각 연결된 체크카드 총 2장, 각 비밀번호 및 OTP 생성기(일회용 비밀번호 생성기, One Time Password) 총 2개를 성명을 알 수 없는 사람에게 건넸다.

Accordingly, the Defendant transferred two physical cards and two OTP generating devices at the same time, which are means of access as above.

2. On May 2018, Defendant B accepted the proposal that “A person who was aware of a loan through the Internet is unable to know his/her name, thereby opening a passbook and allowing a loan on a dry side” from a person whose name is unknown.

No person shall transfer any electronic card, user certificate, password, etc. which is a means of access to electronic financial transactions issued by a financial institution.

Nevertheless, the Defendant established three bank accounts in the name of each limited company G (Account Number 1 H, I, and III) and one bank account in the name of each limited company (Account Number 1, 1, 3J). From May 10 to May 10, 2018, the Defendant established three bank accounts in the name of each limited company G and one bank account in the name of each limited company G around Seoul Special Metropolitan City, Gwanak-gu.