(영문) 부산지방법원 동부지원 2009.3.17.선고 2009고단105 판결

A defendant shall be punished by imprisonment with prison labor for up to eight months. The fifty-six days under confinement before the sentence is rendered shall be included in the above sentence.

Reasons

Criminal facts

No one shall take over or transfer the means of access, such as a cash card and its password, which are means or information used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details. Nevertheless, on June 2008, the defendant accepted a proposal to offer KRW 1,50,000 per two cash cards, by creating a passbook and cash card from B which is a large-water large-scale bankbook recruitment book.

1. Violation of the Electronic Financial Transactions Act;

A. The acquisition of means of access

(1) On June 24, 2008, the Defendant received respectively the passbook and cash card in the account Nos. 1 through 8 in the annexed sheet No. 1 through 8 from C that consented to the Defendant’s proposal that the Defendant would make a passbook as the Defendant’s branch, and that he would make a passbook as the Defendant’s branch.

Accordingly, the Defendant acquired eight copies of passbooks and cash cards, which are the means of access used in electronic financial transactions.

(2) On July 23, 2008, the Defendant received respectively the passbook and cash card in the account No. 74 through 82 as shown in the attached Form No. 72 from D, the Defendant’s seat, respectively, at the main points located in the Busan Seo-gu Clocket.

Accordingly, the Defendant acquired nine copies of the passbook and cash cards, which are the means of access used in electronic financial transactions.

(3) On July 23, 2008, the Defendant received the passbook and cash card in the vicinity of the Busan detention center located in the main city of the Busan Seo-gu, Busan, and from E obtained through D, the Defendant received the passbook Nos. 18 through 54, and 64 through 73 of the passbook No. 18 through 53. Accordingly, the Defendant acquired 47 copies of the passbook and the cash card, respectively, which are the means of access used in electronic financial transactions.

B. Transfer of means of access

On June 24, 2008, from around July 23, 2008 to around July 23, 2008, the Defendant acquired the means of access used for electronic financial transactions as described in the foregoing paragraph 1, and immediately transferred the means of access to the above B using the KX-specific shipment from the Busan Station to the luminous address. Accordingly, the Defendant transferred 64 bankbooks and cash cards, respectively.

2. Assistance in violation of the Electronic Financial Transactions Act;

Around July 23, 2008, the Defendant informed F and G of the phone number of F and G around July 23, 2008 in order to assist the Defendant in the transfer of 18 copies of the passbook and the cash card in the account in the attached Form (Omission) Nos. 9 through 17, 55 through 63 using the KSX-specific cargo invoice to B in the Busan East-gu Busan-gu Busan-do area. In order to assist the Defendant’s transfer of 18 copies of the passbook and the cash card to F and G, by receiving the price of the above passbook from B to the Defendant’s account in the name of F and G, and assist him to commit the crime.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

The transfer of each means of access in judgment and each judgment: Articles 49(5)1 and 6(3) of the Electronic Financial Transactions Act; each provision of each means of access in judgment: Articles 49(5)1 and 6(3) of the Electronic Financial Transactions Act; Article 32(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Code

1. Selection of kind of punishment;

Imprisonment, respectively;

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act (as to the crimes of Article 2 at the time of sale)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.