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(영문) 대전지방법원 2020.04.22 2019노850
전자금융거래법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 received a request from the J that he would be able to ask for a substitute passbook, and the J and B arranged South Korea and received the means of access, etc. from B, and the Defendant does not receive the means of access, etc. from B. Defendant 2) The lower court’s punishment of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on the defendant's assertion of mistake of facts

(a) No person who is a summary of the facts charged shall lend any electronic card, certificate of use, password, etc., which is the means of access issued by a financial institution, to another person while receiving, demanding or promising to receive or use such card, certificate, password, etc. for any purpose or crime, or to use such card, etc.

Around June to July 2015, the Defendant made a proposal to the effect that “If he/she creates a passbook (such as a passbook, cash withdrawal card, OTP card, password, etc. in a corporate account) to transfer 500 million won or more a day in the name of the juristic person, he/she will be paid a fee of KRW 170,000 per month to B at the coffee shop where he/she is unable to know the name located in the Gangnam-gu Seoul Cheonggu Seoul Cheongdam-dong.”

On July 22, 2015, the Defendant changed the password of the C Bank account (Account Number: E) opened in the name of D Co., Ltd. at a non-place at Daejeon, and changed the passbook, cash card, and password, etc., which are the means of access to the said account, to be reissued, at a rate of 1.7 million won per month, and received from B. In addition, from around that time to November 3, 2015, the Defendant opened 11 accounts in the name of D Co., Ltd. and five accounts in the name of F Co., Ltd., respectively, or opened five accounts in the name of D Co., Ltd. and used for electronic financial transactions linked to the said account through re-issuance procedures.

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