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(영문) 서울중앙지방법원 2019.10.17 2019고단4556
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the District Court on November 26, 2013 and completed the execution of the sentence on June 10, 2014.

【Criminal Facts】

In using and managing the means of access, no one may transfer the means of access unless otherwise specifically provided for in other Acts, but the Defendants assigned the means of access as follows:

1. While living in Nowon-gu, Defendant A opened a corporate account from C (one name D) and offered a proposal to provide board and lodging and pay KRW 1 million per business owner’s name to the said C when the means of access, such as cards, OPT, passwords, etc. connected to the said account, while living in Nowon-gu, Defendant A was willing to transfer the means of access to said C.

On May 30, 2016, the Defendant opened a bank account in the name of the E Bank (G) in Gangnam-gu, Seoul, and transferred the means of access, such as debit cards, OPT, and password connected to the above account, to C, at the E Bank Draft point in Gangnam-gu.

In addition, the Defendant transferred the means of access to C over a total of 26 times from April 8, 2016 to October 19, 2016, as shown in the attached list of crimes (1).

2. Defendant B, while living in Nowon-gu, opened an account in the name of a legal entity with a single name H and offered a proposal to offer accommodation if the means of access, such as a card, OPT, and password connected to the said account, was transferred, and tried to transfer the means of access to the said H.

On July 11, 2016, at the JF Center branch in Gangnam-gu Seoul, the Defendant opened an IFB account in the name of K, and transferred the means of access, such as debit cards, OPT, and password connected to the above account, to H.

In addition, the defendant is attached from April 11, 2016 to November 2, 2016.

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