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(영문) 대구지방법원 2020.11.10 2019고단4951

전자금융거래법위반등

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 becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 4951] No person shall transfer or acquire any means of access, except as otherwise expressly provided for in any other Act, in using and managing any electronic card or other means of access equivalent thereto, such as electronic information, certificates, passwords, etc. used in electronic financial transactions.

Nevertheless, around November 14, 2018, the Defendant sent a passbook, e-mail card, and OTP card to the bearers, who distribute the twitter’s passbook, which he came to know through Twitter search, and received KRW 200,000 per day in return for transfer of the passbook. The Defendant sent the passbook, e-mail card, e-mail card, and OTP card to the bank account in the name of the Defendant under the name of the Defendant.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

[2019 Highest 6141] On November 14, 2018, the Defendant, on a daily basis, at a price equivalent to KRW 200,000,000, and transferred the account under the name of the Defendant to the bank account under the name of the Defendant (B). On November 20, 2018, the victim C, “I would compel the Defendant to engage in sexual traffic at the time of advance payment,” as well as KRW 20,00,000,00,000,000,000,000 won, which was remitted to the said bank account to the said bank account, and had the Defendant keep the said amount transferred to the said bank account.

The Defendant, as above, embezzled KRW 8,438,494 in a voluntary manner used to purchase goods from “D,” etc. from November 20, 2018 to June 26, 2018, while receiving a total of KRW 8,438,494 from the transfer of the amount to the victims, such as the victim C, etc.

As a result, the Defendant embezzled the total amount of KRW 8,438,494 stored for victims of singinging, including the victim C, etc.

[200 Highest 4539]

1. The Defendant committed a crime against the victim E (the family name, the female life, the age of 21) is in the F in Busan-si around June 27, 2020.