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(영문) 서울남부지방법원 2014.07.24 2014고단1808

전자금융거래법위반

Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of two million won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred or taken over from others, except as otherwise provided for in any other Act.

1. In order to secure an account, Defendant A sent a financial account under the title, “I will offer a stable loan revenue (financial right) loan loan (financial right)”, etc., to nine (9) Carpets, Defendant A posted a letter as if I would pay KRW 2,000 per month, and conspired with Defendant A after securing an account by deceiving this carpets.

On December 20, 2013, around 18:30, the Defendant received the means of access by putting up the cash and security cards, etc. linked to four accounts twice from around that time to February 18, 2014, in total, from the following: (a) the business entity name E, a corporate bank account opened by C, and the bank account in the name of C, and from the bank account in the name of Korea under the name of Kwikset Service; and (b) the passbook and two security cards linked to the bank account in the name of Korea; and (c) the Defendant received the means of access, as indicated in the attached list of crimes.

2. On December 20, 2013, Defendant C received KRW 2 million from A, and around 16:00 on December 20, 2013, Defendant C transferred Kwikset Bank’s account in the name of business entity E and passbook linked to the bank account in the name of the Defendant, and a passbook linked to the bank account in the name of the Defendant, and two copies of cash cards and security cards, respectively.

3. Defendant B’s receipt of KRW 2 million from A each month, and around 14:00 on February 18, 2014, at the PC bank near Dongdaemun-gu Seoul Dongdaemun-gu “G” through Kwiksetset Service, Defendant B’s corporate bank account and one bank in the name of the Defendant.