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(영문) 서울중앙지방법원 2019.08.23 2019고단4237
사기등
Text

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

The defendant is an applicant for compensation with the amount of KRW 400,00,000,00.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, on March 2019, the Defendant received a proposal from AH to the effect that “the Defendant will offer 400,000 won per week when transferring the account and e-mail card” from AH, and consented thereto. At that time, the Defendant sent a e-mail card connected to the AK bank account (AL) in the name of the Defendant within the first floor of the AJ building located in Dongducheon-si, Dongducheon-si, and sent a password to AH by means of inserting a e-mail and using AM message.

Accordingly, the Defendant transferred the means of access.

2. The Defendant received a proposal from AH to transfer the account and physical check to be used for committing fraud, as set forth in paragraph 1, and accordingly transferred a physical check to AH, as set out in paragraph 1, connected to the AK bank account (AL) in the name of the Defendant.

After all, AH, on May 2, 2019, posted a notice to the effect that “Sales of the rollland Electronic Forum” was not intended, and that “400,000 won is sent to AO in contact with the victim, even if the fact was paid for the goods.”

“Falsely speaking, the Defendant received KRW 400,00 from AP on May 2, 2019 from AP to AP account under the name of AP, and immediately transferred the money to AK bank account under the name of the Defendant, as well as immediately transferring the money from April 20, 2019 to May 25, 2019, the Defendant acquired KRW 79,41,800 in total by the above means over 240 times, such as the list of crimes (1) in the attached Form.

Accordingly, the Defendant, even with knowledge of the fact that AH was used for the crime of fraud, transferred one check card connected to the AK bank account under the name of the Defendant, thereby facilitating the fraud of AH.

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