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(영문) 서울동부지방법원 2019.07.15 2019고단1054

사기방조등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any electronic card, certificate, financial institution or user number, password, etc. of the relevant electronic financial transaction or lend a means of access by requesting or promising to receive any consideration therefor;

Nevertheless, around September 17, 2018, the Defendant received the proposal through C, stating that “The name account is required to be used for the money exchange business on the private casino site, and if the account is transferred, it shall be KRW 500,000,000,000,000.” On September 18, 2018, at the front of the E Bank Dongwon branch in Suwon-gu, Suwon-si, Suwon-si, the Defendant transferred it with an OTP device connected to the F Bank (G) account under the name of the Defendant, and the account number, password, Internet banking ID and password were transferred through C, and in return, the Defendant received the means of access by receiving KRW 50,000,000 from September 18, 2018 to receive KRW 500,000,000,000 from September 26, 2018, from the account under the name of the Defendant.

2. On September 18, 2018, the Defendant was issued an OTSP device connected to the FF Bank’s account under the name of the Defendant on the front day of the EF Bank Dongwon Branch in Suwon-si, Suwon-si under Paragraph 1, and transferred the number, account number, account password, Internet banking ID, and the ATRS phone number linked to the account was changed to the number requested by the non-resident. On September 19, 2018, the Defendant continued to engage in business due to low credit transfer limit. Accordingly, upon receiving a request from the non-resident of the name, the Defendant intended to raise the transfer limit to the bank and transfer the amount transferred to the account, and on the same day, to raise the non-bank account from the FF Bank staff in Songpa-gu, Seoul on the same day.