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(영문) 서울북부지방법원 2014.01.23 2013고정2443
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person may transfer nor acquire from others any means of access.

Nevertheless, around September 2012, the Defendant transferred the means of access, such as the new bank account number D and the password of the passbook under the name of the Defendant, to the bearer (title C) on the front of the new bank Dong branch in Dobong-gu Seoul Metropolitan Government, and received approximately KRW 1.5 million in return.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to E, F, G, H, I, J, and K;

1. Each written statement of L, M, N,O, P, Q, R, S, T, U, and V;

1. Application of Acts and subordinate statutes of each deposit receipt;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On September 2012, the summary of each of the facts charged in the instant case, the Defendant provided approximately 25 means of access, such as the passbook and password in the name of the Defendant to use the Internet goods fraud, etc., and the above person who was unaware of the name was aware of the sale of the goods that were not actually sold via the Internet, and was wired the money to the Defendant and conspired to deliver money to the Defendant in return for the provision of electronic financial media.

In this regard, around September 2012, the Defendant posted a letter on 25 means of access, including a new bank passbook (Account Number D) and a password of passbook under the name of the Defendant, to the victim who reported and contacted the above notice on the Internet NAVW website around October 5, 2012, using the means of access under the name of the Defendant.

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