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(영문) 서울남부지방법원 2015.12.08 2015고단3405
전자금융거래법위반
Text

Defendant

A shall be punished by a fine of KRW 10 million, and by imprisonment with prison labor of Defendant B, for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to one year of a suspended sentence for six months, due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Southern District Court on June 17, 2014, and the judgment becomes final and conclusive on May 1, 2015, and is currently under suspended sentence.

【Criminal Facts】

No person shall transfer, acquire or deliver a transaction request in electronic financial transactions or the use and management of a means of access, such as an electronic card used to secure the authenticity and accuracy of users and the details of such transaction and other electronic information equivalent thereto, unless otherwise specifically provided for in other Acts.

Nevertheless, Defendant A, through Internet job offer advertisements, received a nameless phone, which is a general book book for collecting physical cards, from the nameless phone, where the telephone is installed, and the name and contact of the nominal owner of the physical card, and the address of the nominal owner of the said phone is known to him/her at his/her address, and received Kwikset service articles and sent the physical card to his/her designated person. Upon receipt of the above physical card, Defendant A intended to give KRW 50,000 per case if he/she sent it to the designated person, and Defendant B also received the above physical card through the same method and received a proposal to request the receipt and delivery of the physical card with Defendant A, and thereby, the Defendants conspired to acquire the means of access with Defendant A and the means of electronic financial transactions.

Accordingly, on August 12, 2015, Defendant A sent Kwikset service articles to the residence of the title holder of the Ckwikset-gu, Daegu, the name, contact, and address of the title holder of the Ckset-si, and sent Kwikset-based articles to the residence of the title holder of the Ckwikset-gu, Daegu-gu, the KB National Bank Cke (Credit Card No. : J.), the Postal Card (Credit Card No. : K) of the New Bank, and the Daegu Bank Cke (Credit Card No. : Card No. :).

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