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(영문) 서울중앙지방법원 2019.02.20 2018고단8764

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One set (No. 39) shall be confiscated from the accused.

Reasons

Punishment of the crime

On September 12, 2018, the Defendant: (a) received a proposal from a person under whose name the ID called “E” was used to sell a passbook, and (b) received a proposal from the Defendant to sell the passbook at KRW 5,600 per unit; (c) received the said passbook, check card, and security card under the pretext of returning the passbook, etc. from the head of the G team, who had been in custody of the passbook, check card, and security card of the foreign employee who had been retired from the Defendant’s work, and had the said passbook, check, and security card delivered to the said person under the pretext of returning the passbook, etc. from the head of the said team.

1. No person who violates the Electronic Financial Transactions Act shall transfer the means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

On October 12, 2018, the Defendant: (a) received from G to G, stating that “The account holder will return the passbook to the nominal owner at which he/she sent off the passbook; and (b) received a passbook and the check card connected to approximately 30 accounts, such as an enterprise bank account (J) in the name of G from G; (c) on October 15, 2018, around 18:00, the Defendant transferred the passbook, check, and security card connected to I’s corporate bank account (J) to the account holder; and (d) on October 23, 2018, the Defendant transferred the passbook and the check to the account holder, the name of the passbook and the check card connected to 10,000 won per account, which was linked to I’s corporate bank account (J) from around 16, 2018 to October 23, 2018.

2. The Defendant received the proposal as stipulated in Paragraph 1 from the person who was not the party’s name and accepted the proposal, and the Defendant sent the passbook, check card, and security card connected to 10 accounts indicated in Table 1 of Crime List as above to the person who was not the party’s name.

However, the Defendant was unable to know the personal information or contact information of the person who was unable to obtain the name, and the account holder should not have the head of the Tong, etc. from G to another person.