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(영문) 대전지방법원 서산지원 2013.03.21 2012고단852
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[Criminal Power] On September 9, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on July 5, 2011.

【Criminal Facts】

In using and managing a means of access used in electronic financial transactions, no person shall transfer or acquire a means of access, or arrange such transfer or acquisition, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 12:20 on October 9, 201, the Defendant issued a cash card and password connected to the passbook in the name of the Defendant to E, under the condition that KRW 300,000,000,000 is paid in front of the DNA in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the Defendant transferred the means of access by using Kwikset service.

[2012 Highest 937]

1. No means of access used to issue a transaction request in electronic financial transactions in violation of the Electronic Financial Transactions Act or to secure the authenticity and accuracy of the details of the transaction with users and the users shall be transferred, except as otherwise provided for in any other Act

Nevertheless, around November 25, 201, the Defendant transferred the cash card and password of the National Bank Account (Account Number G) opened from the main branch of the National Bank under the name of the Defendant, to a person who is not his/her name, on the condition that 100,000 won should be collected from the roads near the Nong-gu Incheon Metropolitan City, Nonghyup-gu, No. 11334, Nov. 25, 201.

2. The Defendant was aware of the fact that his account he transferred to another person by means of a financial fraud and that if the victims deposit money in the account, the account holder is well aware of the details of the deposit money on his mobile phone, the account holder, and when the money is deposited after transferring the account to a person who makes an advertisement to purchase the account, he was asked to immediately leave the account to the bank as the nominal holder and then withdraw the money and use the money.

3.2

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