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(영문) 서울중앙지방법원 2016.06.24 2015고단183
사기등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant C shall be punished by a fine of KRW 2 million.

Defendant

A and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who intends to transfer or take over any access medium in using or managing any access medium for electronic financial transactions;

A. On March 19, 2014, the Defendant: (a) granted KRW 1,00,000 per month to C; (b) around that time, at the Defendant’s residence located in the Gwangjin-gu Seoul Special Metropolitan City L, the Defendant received access media necessary for financial transactions, such as the agricultural bank passbook (M) and the physical card, security card, and password connected to the said passbook.

B. On April 8, 2014, the Defendant stated to the effect that “the head of a Tong is required to be added” to the above C, and around that time, the Defendant was issued access media necessary for financial transactions, such as a bank passbook (N) with C in the above Defendant’s residence, and a physical card, security card, and password connected to the above head of a Tong.

(c)

On September 22, 2014, the Defendant issued a new bank passbook (O), e-mail card, security card, and password connected to the above passbook to the effect that “the head of the Tong is additionally required” to the above C, and around that time, the Defendant received a delivery of access media necessary for financial transactions, such as the bank passbook (O), e-mail card, and password connected to the above passbook.

Accordingly, the Defendant respectively acquired the access media necessary for financial transactions.

2. Defendant C received KRW 1,00,000 per month from A at the same date, time, and place as set forth in paragraph 1, and each of the Defendant provided each of them with access media necessary for financial transactions, such as the above agricultural bank passbook, passbook, passbook, new bank passbook, e-mail card, security card, and password connected to the above passbook.

Accordingly, the Defendant transferred the access media necessary for financial transactions to each other.

Summary of Evidence

1. Each statement made by the defendant A in the first trial records and the second trial records in the second trial records;

1. The third-time protocol concerning Defendant A concerning the interrogation of suspects of the prosecution, and protocol concerning the interrogation of suspects of the prosecution against Defendant C;

1. An investigation report (Report on the receipt of transaction details of our banks, agricultural cooperatives, and new banks).

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