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(영문) 인천지방법원 부천지원 2015.09.17 2015고단1281

전자금융거래법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

on the part of the defendant B.

Reasons

Punishment of the crime

Defendant A is a person who was sentenced to three months of imprisonment with prison labor for special larceny in the Seogsan Branch of the Daejeon District Court on October 24, 2013, and completed the execution of the sentence in the Seogsung District Court on May 1, 2014.

【Criminal Facts】

1. Joint criminal conduct by Defendant A and B;

(a) No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access, and shall not keep, deliver, or distribute a means of access with the knowledge that the means of access is to be used for a crime or intended

After registering the writing “Stop”, a kind of social network service (SNS), the Defendants registered the word “Stopbook for the need of money, E,” and conspired to distribute the means of access by delivering the passbook and the physical card to other head of the Tong, knowing that the passbook and the physical card were used for crimes such as Bophishing, etc., with the knowledge that the passbook and the physical card were transferred to the other head of the Tong even though they were aware that they were used for the above crimes such as Bophishing, etc.

(1) On February 26, 2015, the Defendants received a new bank passbook (G) and a check and cash card related thereto from F in front of the Dong-si, Ansan-si, Seoul, and then distributed the means of access with the knowledge that the Defendants would transfer the above F’s physical card and the new bank passbook to his/her name-oriented persons at the same time and below the same day.

(2) On March 16, 2015, the Defendants received the Busan Bank passbook (I) and its cash card from H from the Busan Bank bus terminal at the Sungpo-dong 590, Sungpo-dong, Sungpo-si, 590, Seopo-si, Busan, and the cash card connected thereto, and on the same day, the Defendants possessed the said passbook and the check card to be used for the crime by transferring the said passbook and the check card to the persons who suffered losses by using the terminal home from the bus terminal.