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(영문) 인천지방법원 2012.12.06 2012고단10731

전자금융거래법위반

Text

Defendant

A Imprisonment with prison labor for ten months, for eight months, for eight months, and for eight months, for eight months, for each of the defendants C.

evidence of seizure.

Reasons

Punishment of the crime

No person shall transfer or acquire any means of access to an electronic financial transaction issued by a financial institution, such as an electronic card or any other electronic information equivalent thereto, a user number registered with a financial institution or an electronic financial business operator, or a password necessary for using such means or information, which is used to make a transaction request or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, Defendant C transferred KRW 300,000 per head of the Tong to Defendant A and Defendant B, and Defendant A and Defendant B transferred the head of the Tong from Defendant C to “G” in the name of the head of the Tong, thereby again receiving KRW 400,000 per head of the Tong.

1. On June 22, 2012, Defendant C received KRW 300,00 from A and B of the H building 701 in Gyeyang-gu Incheon Gyeyang-gu, and transferred the passbook, cash card, password, and Internet banking application documents to A and B of I.

In addition, from April 2012 to September 2012, Defendant C transferred a total of 37 passbooks, passwords, etc. to A and B as shown in the attached crime list.

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

2. Defendant A and Defendant B

A. On June 22, 2012, Defendant A and Defendant B conspireded to acquire the means of access, and paid KRW 300,000 to C as stated in paragraph (1) of Article 701 of the said H building, and acquired the passbook, cash card, password, and Internet banking application documents in I’s name.

In addition, from April 2012 to September 2012, Defendant A and Defendant B acquired a total of 37 passbooks and passwords from C as shown in the attached crime list from around April 2012.

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

(b) the means of access are transferred.