(영문) 부산지방법원 동부지원 2009.3.17.선고 2009고단104 판결

A defendant shall be punished by imprisonment with prison labor for one year. 54 days under confinement prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal facts

No person shall take over or transfer a means of access, such as a cash card and its password, which is a means or information used to make a transaction request or to secure the authenticity and accuracy of users and transaction details. Nevertheless, the accused has taken over or transferred a means of access as follows:

1. The acquisition of means of access;

A. A. Around July 2008, the Defendant received a proposal from C to make a passbook and cash card from the latter, which was known through B, and accepted the proposal to offer KRW 100,000 per both the passbook and cash card.

피고인은 2008. 7. 23.경 부산 부산진구 부전동에 있는 피고인이 명의상 대표자로 일하는 대부업체인 '■■캐쉬' 사무실에서, 대출신청하러 온 R, 같은 E, 같은 F, 피고인의 여자 친구인 G에게 통장을 만들어 주면 돈을 주겠다고 제안하여 이를 승낙한 R, E, F, G로부터 같은 날 같은 장소에서 별지(생략) 범죄일람표 순번 1 내지 37번 기재 계좌의 통장과 현금카드를 각각 교부받았다. 이로써 피고인은 전자금융거래에 사용되는 접근매체인 통장과 현금카드 각각 37개를 각각 양수하였다.

B. Around July 23, 2008, the Defendant accepted a proposal to offer KRW 150,000 per both the head of the Tong and the cash card, by creating the passbook and the cash card from H, which is the collection book for a large-water large-scale passbook.

On July 25, 2008, the Defendant received respectively a cash card from J, K, and L to the account set forth in the attached Form Nos. 38 through 67, which consented to the Defendant’s proposal to offer money at the entrance of Samsa Park in Busan, which is the Defendant’s seat, to create a passbook as the Defendant’s seat.

As a result, the Defendant respectively acquired 30 copies of passbooks and cash cards, which are the means of access used in electronic financial transactions.

C. On July 28, 2008, the Defendant received a passbook and a cash card from M&M upon the Defendant’s request to create a passbook necessary to receive money as the Defendant’s branch in Busan Dong-dong. Accordingly, the Defendant acquired one passbook and one cash card, respectively, as the means of access used in electronic financial transactions.

D. Around August 1, 2008, the Defendant received a cash card from P and the passbook of the account as set out in the [Attachment 86-102] set forth in the [Attachment 86-102] set forth in the [Attachment 86-102] set forth in the [Attachment 2] J.

As a result, the Defendant respectively acquired 17 copies of passbooks and cash cards, which are means of access used in electronic financial transactions.

E. At the end of July 2008, the Defendant received the consent from the R by suggesting that the Defendant was aware of the mother’s identity of the head of the Tong in order to reduce one million won per capita when he/she solicited anyone to sell the head of the Tong.

(1) On July 30, 2008, the Defendant received a passbook and cash card from Q and S in the account No. 68 through 85, which was introduced through the said R in front of the Busan Station located in the Seocho-dong, Busan.

(2) On August 4, 2008, the Defendant was issued a passbook and cash card to the account Nos. 103 through 117, which was introduced through the said R, in the street in the vicinity of the U.S. Island located in Busan Northern District.

(3) On August 5, 2008, the Defendant received the passbooks and cash cards in front of the National Bank located in Seocheon-dong, Busan, and from V introduced through the said R, the Defendant received the passbooks and cash cards listed in the [Attachment] Nos. 118 through 126. Accordingly, the Defendant acquired 43 copies of the passbooks and cash cards used in electronic financial transactions in collusion with R, respectively.

2. Transfer of means of access;

On July 25, 2008, from around August 5, 2008 to around August 5, 2008, the Defendant acquired the means of access used for electronic financial transactions, as described in paragraphs (b) to (e) of paragraph 1, and immediately transferred the means of access to the said H using the KTX-specific shipment from the Busan Station to the luminous address. Accordingly, the Defendant transferred 89 copies of the passbook and the cash card, respectively.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 49(5)1 and 6(3) of the Electronic Financial Transactions Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Code

1. Selection of kind of punishment;

Imprisonment, respectively;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;