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(영문) 춘천지방법원 2020.02.06 2019고단1106
전자금융거래법위반등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

No. 1 of the seized evidence shall be from Defendant A.

Reasons

Punishment of the crime

【Defendant B, on November 8, 2012, sentenced the Incheon District Court to five years of imprisonment for a crime of intrusion upon residence, etc., and completed the execution of the sentence on September 10, 2017.

【Criminal Facts】

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall transfer or take over the means of access, receive, request or promise any compensation, and borrow or lend the means of access, or keep, deliver or distribute the means of access, unless otherwise specifically provided for in other Acts.

A. On August 2018, Defendant A, who committed a crime in the middle of August 2018, lent an account to make electronic financial transactions from a person who was aware of the Internet-based display display “C” (so-called “D” and the presumption of Chinese nationality), may receive KRW 700,000 per month if he/she received a request, and lent a means of access to Defendant B to his/her friendly Defendant B to pay the price.

As a result, Defendant B gave a note to Defendant A, such as a e-mail card, OTP device, USB with an authorized certificate, and password connected to the E bank account (F) under his own name. On August 2018, Defendant A, who received this note, sent the means of access, including B’s e-mail card, OTP device, and USB with an authorized certificate, to a person whose name is in China, in the Michuhol-gu Incheon Metropolitan City postal service handling country, on the 14-1-Sto-Stop, Michuhol-gu, Incheon.

Accordingly, the Defendants promised to receive compensation in collusion and lent the means of access.

B. On or around January 29, 2019, Defendant B heard the Defendant’s phrase “at the end of 2019, Defendant B had to no longer use the said account in China” and then lent the e-mail card and the OTP device that was found in the early February 2019 to the E-bank and lent to a person who was unaware of the name.

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