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(영문) 의정부지방법원 2016.12.07 2016고단2093
전자금융거래법위반
Text

Defendant

A Imprisonment of eight months for each of the defendants B, C, and D shall be punished by a fine of 3,00,000,000 won, and defendant E shall be punished by imprisonment of six months.

Reasons

Punishment of the crime

1. Defendant A

A. On October 2014, the Defendant violated the Electronic Financial Transactions Act by acquiring the means of access: (a) proposed that “The Defendant would offer an account at least KRW 700,000 per opening on the face of the opening of the account; (b) had the intent to attract profits by transferring the account to a person with no name to a person with no name; and (c) stated that “The Defendant would reduce the amount of KRW 500,00 per account per page, and in and around, the Defendant provided that “The account would be attempted to do so.”

Accordingly, around October 6, 2014, the Defendant paid KRW 500,000 in return for the H coffee shop near Gangnam-gu Seoul Station, and acquired the means of access by using the passbook, physical card, security card, and password of the national bank account (I) that he/she had sought from E, and (2) paid KRW 500,000 in return for the same place around November 5, 2014, and acquired the means of access by taking over the passbook, physical card, security card, and password of the bank account (J) in the name of South Korea (J) that he/she had sought from E from E at the same place on December 25, 2014, the Defendant received KRW 50,00 in return for the same place, and received KRW 70,000 from E, and acquired the means of access under the name of Gangnam-gu Seoul Special Metropolitan City account (hereinafter referred to as Seoul Special Metropolitan City Account No. 201, Dec. 1, 2014).

The three accounts mentioned in the paragraph were assigned with the passbook, physical card, security card, and password, respectively.

2. Defendant E

A. On October 2014, the Defendant violated the Electronic Financial Transactions Act by taking over the means of access, namely, “The 500,000 won per account shall be reduced per each account,” and the Defendant had a mind that “at least 500,000 won per account shall be reduced per account,” and the Defendant had a view to having a public account transferred to A by soliciting accounts.

Accordingly, on October 6, 2014, the Defendant paid KRW 500,000 to B at the Maan branch of a national bank located in Seoyang-si, Namyang-do.

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