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(영문) 수원지방법원 2015.01.21 2014고단6609

전자금융거래법위반

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendants’ act of taking over the means of access (violation of Electronic Financial Transactions Act)

(a) No person who is accused shall transfer or take over the body card and password, etc. which are the means of access in electronic financial transactions;

Nevertheless, on September 2014, Defendant A used the cargo delivery service of the express bus transit in Gangnam-gu Seoul, Gangnam-gu, Seoul at the Hasan-si, Hasan-si, Hasan-si, and received KRW 500,000 in return for the transfer of the physical card, electronic security card (OTP), and password from a national bank in the name of the Defendant, which is the means of electronic financial transactions, to B.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

B. Defendant B (1) On September 2014, 2014, the Defendant received the means of access from a national bank account (Account Number: D), electronic security card (OTP), and password from the Gangnam-gu Seoul Metropolitan Government Kwikset bus terminal via Kwikset delivery engineer.

Accordingly, the Defendant acquired the means of access to electronic financial transactions.

(2) On September 2014, the Defendant transferred KRW 700,000,000 from the name in the name in the name of the passenger bank account (Account Number: D), electronic security cards (OTP), and passwords of the national bank account opened in the name of Kwikseter’s bank in Gangnam-gu Seoul, which was taken over through the delivery officer of Kwikseter’s account (Account Number: D).

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

2. Defendant B

A. On September 2014, the Defendant sent a text message stating that, at the Seocho-gu Seoul Metropolitan Government Gangnam Terminal, the Defendants conspired with accomplices E, etc. from September 2014 to October 8, 2014, the Defendants were to “a loaned” to many unspecified victims, such as victims F.