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(영문) 서울중앙지방법원 2015.06.30 2015고단1920
전자금융거래법위반등
Text

[Defendant A, B]

1. Defendant A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for four months.

2. Provided, That this shall not apply;

Reasons

Punishment of the crime

1. Defendant A and B conspired to refer to “fforcing” as if they reported to an investigative agency that they engage in illegal sexual traffic without giving money to persons operating massage treatment establishments, etc.

Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or acquire any means of access to electronic financial transactions.

The Defendants: (a) conspired to prepare the large passbook for the “mullion machine”; (b) Defendant B called to receive the large passbook by calls from the external third village D; and (c) Defendant A sent the purchase price of KRW 1 million to D; and around October 20, 2014, Defendant B received the passbook, cash card, OTP, USB, bank account number, cash card number, Internet banking ID, Internet banking ID, and Internet banking password from the bank account in the name of G-based limited liability company (H) sent by D at around 20:0 on October 30, 2014.

As a result, the Defendants conspired to acquire the means of access to electronic financial transactions from others.

B. At around 20:00 on October 31, 2014, the Defendants demanded the victim N (37 years of age to report to the police as a sexual traffic business place if he would not transfer KRW 500,000 to another person) who is called the head of the management department in Gangnam-gu, Seoul by using the largephone (J and K) in the officetel of Defendant A located in Yongsan-gu, Yongsan-gu, Yongsan-gu, U.S., and called the victim N (37 years of age) who is working for the head of the management department. However, the Defendants threatened the police officer by means of threateninging the police officer by reporting the said 112 report so that the police officer can be called. Accordingly, the Defendants received 20,000 won from the victims of drinking water to the above bank account in the name of the said limited liability company.

As a result, the Defendants conspired to do so from that time until November 1, 2014, all of 25 massages operators, such as the list of crimes in the annexed sheet.

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