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(영문) 서울남부지방법원 2020.02.11 2019고단5892
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On November 19, 2019, the Defendant appealed from Seoul Southern District Court for one year and six months for violating the Electronic Financial Transactions Act, and is currently pending in the appellate trial.

【Criminal Facts】

1. On January 2019, the Defendant received a proposal from a person with no personal knowledge to the effect that “the Defendant would establish a juristic person, open an account in the name of the juristic person, and give 2 million won to the said juristic person.” On that occasion, the Defendant established a juristic person called “X of a stock company.” On March 4, 2019, the Defendant sent a passbook, physical card, and OTP card connected to the G bank account under the name of X, via Kwikset service article.

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

2. On January 2019, the Defendant: (a) received a proposal from a person without personal knowledge to the effect that “the Defendant would establish a corporation, open an account in the name of the corporation, and give two million won to the said corporation; (b) established a corporation called “T of the stock company”; (c) on February 22, 2019, at the right corner of the roadside branch of the Z bank located in Gangdong-gu Seoul Metropolitan Government at the time of the Z Bank at the time of the ZF on February 22, 2019, the Defendant issued Kwikkset service article with the passbook’s name in connection with T’s account (AA); and (d) issued the passbook, physical check, and OTP card to the said person without personal name.

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

3. On June 2019, the Defendant: (a) received a proposal from an employee engaged in the phishing fraud to collect 50,000 won per case and deliver a cream card to the person designated by the winners of the name, on condition that he/she is provided with allowances, oil expenses, and other actual expenses; and (b) accepted the proposal.

Accordingly, the defendant around 17:40 on June 5, 2019, at the front of AB located in the Nam-gu Incheon Metropolitan City AB, one e-mail card connected from AD to the Z bank account (AE) in its name.

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