beta
(영문) 대구지방법원 김천지원 2015.05.13 2014고단1329

전자금융거래법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

No one may transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, Defendant A, upon receiving the proposal from Defendant B, “the person who punished money by opening and selling a passbook in his name,” and offered to sell the passbook by printing the person who will purchase the passbook on the Internet.

1. On October 2013, the Defendants: (a) agreed to sell a passbook on the condition that they receive KRW 50,000 won per day by contact with the person under whose name the passbook was posted by the winners on the Internet NAV website; (b) opened a bank account in the name of the Gu-U.S. Dong-dong post office located at 11, U.S., Dong-si, Dong-si around October 30, 2013; (c) on November 30, 2013, the Defendants transferred the passbook, cash card, etc. connected to the above bank to the person under whose name the passbook was named, from an old-U.S. comprehensive terminal located at 1073-1, 1073-1, supra.

Accordingly, the Defendants conspired to transfer the means of access.

2. On November 2013, the Defendants: (a) reported the loss of the said passbook that was transferred by the above-mentioned U.S. post office on the first day of November 201, 2013; and (b) promised to sell the passbook on the condition that he/she purchases another person’s non-registered passbook on the Internet N.V. website and contact the non-registered person with the name and sell the passbook on the condition that he/she would receive KRW 2 million per month; (c) on the first day of November 2013, the Defendants transferred the passbook, cash card, etc. connected to the said account from the above old U.S. comprehensive terminal to the non-registered person via a high-speed bus address; and (d) sent a password by text message.

Accordingly, the Defendants conspired to transfer the means of access.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s statement in the first trial record;

1. Each of the Defendants’ names.