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(영문) 서울남부지방법원 2014.12.11 2014고단4177
사기등
Text

A defendant shall be punished by imprisonment for one year.

Seized heading 3, 5, 13, 14, and 15 shall be confiscated.

Reasons

Punishment of the crime

The defendant, around April 2002, entered Korea as a short-term visa and has been illegally staying until now.

The Defendant and his name-free boxes (hereinafter “name-free boxes”) are between China and China prior to 202, and they were aware of and known to each other in 2014, and the Defendant and E are three degrees of relationship between the Defendant and E, and the F was between the Defendant’s high-speed relationship in Korea as well as the Defendant’s office in Korea.

On December 2, 2011, the Defendant committed the crime of violating the Electronic Financial Transactions Act as set forth in paragraph (1) below by receiving F’s passbook and cash card from F to the account of community credit cooperatives in its name. On July 2014, the Defendant: (a) upon request from F to create one Internet banking room from the above person in a false name; and (b) upon request from E to E by requesting it; and (c) upon receiving the Internet banking ID and password from the account in the name of E; and (d) by delivering it to the person in a false name, the Defendant committed the crime of fraud as set forth in paragraph (2) above in collusion with the above person in a false name.

1. Violation of the Electronic Financial Transactions Act;

(a) No person who violates the Electronic Financial Transactions Act on December 2011 shall transfer or acquire the means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access to electronic financial transactions.

Nevertheless, around December 201, the Defendant, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government G and 102, obtained from F the passbook, cash card, password, etc. of the account of community credit cooperatives in its name from F and acquired the means of access in electronic financial transactions.

B. On August 2014, the Defendant violated the Electronic Financial Transactions Act by requesting E around July 31, 2014 and allowing E to open a bank account under the name of E at a 8-dong location of a national bank located in Yangcheon-gu Seoul Metropolitan Government, thereby allowing E to do so.

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