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(영문) 인천지방법원 2015.02.05 2014고정3685

전자금융거래법위반등

Text

Defendant

A fine of 1,500,000 won for Q, and a fine of 1,50,000 won for the crimes of 1,2,3, and 4 of the judgment of Defendant A.

Reasons

Punishment of the crime

Defendant

Q was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court on February 19, 2013; on February 27, 2013, the judgment became final and conclusive on February 27, 2013; on April 19, 2011, Defendant A was sentenced to one year of a suspended sentence of imprisonment for four months from the Suwon District Court’s Ansan Branch on April 19, 201, and the judgment became final and conclusive on April 27, 201; on October 18, 2012, the Seoul Central District Court sentenced six months of imprisonment for fraud; on February 9, 2013, the judgment was sentenced to four months of imprisonment for fraud, etc. and one year and four years of imprisonment for fraud, etc. at the Incheon District Court on April 12, 2013; and on September 14, 2013, the judgment was sentenced to imprisonment for a violation of the Electronic Financial Transactions Act by the Jeju District Court on September 23, 2013, etc.

"2014 High Court 3685"

1. No one shall transfer or acquire any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

The Defendants conspired to make and send a passbook from a person who has become aware of through the Internet to pay KRW 500,000 to the head of the Tong. On October 17, 201, the Defendants opened an account under the name of the limited company S in the name of the limited company at Pyeongtaek-dong 46-14, Pyeongtaek-si, and issued a deposit passbook and cash card in the name of the said company. On October 17, 201, the Defendants transferred the above deposit passbook and cash card, the means of access, through Kwikset-si service, to the person who has been unaware of the name.

“2014 Highly 4097”

2. The Defendants, despite being aware that they were to be used in phishing, received an instruction from U, and received documents related to limited liability companies V, which do not exist through Kwikset Service, and opened a bank passbook in the name of the company, and provided cash cards, passwords, etc. connected to the account to the employees of phishing fraud.

On November 21, 201, the employee in charge of the singishing fraud has the intention or ability to issue the Maspbook.