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(영문) 서울북부지방법원 2014.08.01 2014고단2121
사기방조등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any passbook, electronic card, or password, which is a means of access used in electronic financial transactions;

Nevertheless, around June 10, 2014, the Defendant issued a proposal to divide the amount of illegal gambling funds into one half of the face amount of deposits from the Defendant’s name bank passbook (Account Number D), cash card and password, new bank passbook (Account Number E), cash card and password, and the cash card and password, respectively.

2. On June 24, 2014, the Defendant transferred both the passbook, cash card, and password, which are the means of access under the name of the Defendant, to the above C, and then, around 01:50 on June 24, 2014, “illegal gambling funds were deposited into the post office account under the name of the Defendant, and thus cannot be withdrawn by cash card,” and the Defendant directly visited the post office, and attempted to withdraw the cash deposited at the post office near the Gotak Station located in Seongbuk-dong Seoul Seongbuk-gu Seoul, Seongbuk-gu, Seoul. However, on the same day at around 13:44, the Defendant failed to withdraw the cash by stating that the above post office account was used for fraud and was suspended from payment, and thereby, he became aware that the cash deposited in the Defendant’s account was caused by the said C’s fraud.

Nevertheless, at around 14:35 on June 24, 2014, the Defendant deceivings the said victim by misrepresenting the victim F to enter account numbers, passwords, etc. in the Internet personal information protection-related website at the seat of the head of an enterprise bank in the vicinity of the Seongbuk-gu Seoul Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju District District Office, and then transferred KRW 5,865,00 to the company bank account D in the name of the Defendant.

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