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(영문) 서울중앙지방법원 2011.06.24 2011고단2099
컴퓨터등사용사기 등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

(a) No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access necessary for electronic financial transactions or establish a pledge thereon, except as otherwise provided for in other Acts;

Nevertheless, Defendant A posted a notice stating that he purchases and sells a large-scale passbook on various Internet bulletin boards, and then purchased a passbook from the large-scale passbook seller who has contacted the passbook, and Defendant B sent the passbook to the delivery officer to the large-scale passbook buyer on March 201, by entrusting Kwikset Service Delivery Officer, Defendant B paid 200,000 won to F in the subway Station located in Dobong-gu Seoul Metropolitan Government Do, and received agricultural bank passbook in G name (Account Number: H) around the end of March 201, and received KRW 2,100,000 in total by paying 2,10,000 to F and deceased winners as shown in the attached list 1 of crimes.

In addition, on April 11, 2011, the above bank room received 300,000,000 won from the person who was not related to his name and transferred the above agricultural bank passbook in G's name to the person who was not related to his name, and received total of 3,60,000 won from the person who was not related to his name as shown in the attached Table 2 of Crimes.

Accordingly, the Defendants conspired to transfer or take over the passbook, which is a means of access necessary for electronic financial transactions.

(b) No person who violates the Telecommunications Business Act may provide telecommunications services provided by a telecommunications business operator for communications of another;

Nevertheless, Defendant A purchased a large quantity of cell phoness in another’s name and posted a letter stating that he sells mobilephones on various Internet bulletin boards, thereby reporting and communicating the said letter. Defendant B sent the aforementioned mobile phones to Kwikset Service Delivery Officer and sent it to the mobile phone buyers on April 12, 201.

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