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(영문) 서울중앙지방법원 2016.01.13 2015고단6791
전기통신사업법위반등
Text

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

Attached Form

Nos. 1 to 25 of the total list of seized articles.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for violating the Electronic Financial Transactions Act at the Incheon District Court on April 9, 2015, and the said judgment became final and conclusive on April 17, 2015

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium for electronic financial transactions, or lease or lend any access medium or store, deliver or distribute such medium while demanding or promising to give, receive, or promise any consideration;

Nevertheless, C purchased the cash card, etc. of the bank account under the name of another person on the Internet website, and proposed that the defendant who was aware of it should be able to commit a crime again, and that he should be divided into profits.

In response to the above proposal of the defendant India, the defendant delivered cash cards, etc. to perform the role of delivering cash cards, etc. under the direction of the above C.

On October 21, 2015, the Defendant and C acquired at least 70,000 won per account, after purchasing two cash cards, such as (E), (G), and (2) a corporate bank account in the name of the F, in the name of the non-resident in the area of Incheon, Nam-gu, Incheon.

Afterwards, around 15:00 on October 23, 2015, the Defendant and C sold the said two accounts’ cash cards, OTP cards, etc. to J at the “I” coffee shop on the first floor of the H building in Gangnam-gu Seoul Metropolitan Government, and intended to sell them at KRW 1.2 million per one account.

In addition, in collusion with C, the Defendant acquired and transferred the access media over a total of 30 times from August 20, 2015 to August 20, 2015, such as the list of crimes in the annexed sheet.

2. No person who violates the Act on the Protection of Electronic Documents shall obtain a third party's certificate by transferring, lending, or borrowing such certificate for the purpose of allowing another person to exercise;

Nevertheless, the defendant and C set forth in Section 1.

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