Text
Defendant
B shall be punished by imprisonment for a period of ten months.
Defendant
A shall be innocent.
Reasons
Punishment of the crime
1. Defendant B’s fraud: (a) opened a disguised Internet shopping mall as if he sells false names and counterfeit items; and (b) conspired to receive only the money for goods from those who intend to purchase goods in a disguised manner that does not send them; (c) opened and manage a website called “C” in China’s Madebro; and (d) the Defendant, operating the website at the PC, etc. located in Dobong-gu Seoul Metropolitan Government D, provided that he would play the role of receiving money for goods from customers and buyers to the account at the same time as ordering them to receive orders; and (e) E would withdraw money for the remitted goods in cash.
On July 17, 2008, the Defendant received 160,000 won in total from the victim F who ordered the goods via the above site from G H Association account (I) and received 71,793,630 won in total over 414 times from that to August 18, 2008, as shown in the list of crimes.
Accordingly, the defendant acquired the victims' property in collusion with the false name, the victim, and E.
2. Defendant B’s violation of the Electronic Financial Transactions Act
A. The Defendant asked friendship E to seek the bank account and means of access to use in operating the Internet shopping mall “J” that sells counterfeit items. On April 7, 2008, the Defendant received a passbook, cash card, and security card from M in the name of L Bank (N) from M before the L Bank Support Branch located in Gwangjin-gu Seoul Special Metropolitan City, and acquired the means of access in electronic financial transactions in collusion with E.
B. The Defendant asked E to receive a bank passbook and means of access to use in the ship tourr in China, and E around 1:00 on October 11, 2008, Quju station located in Gwangjin-gu Seoul Special Metropolitan CityO, stating the passbook in the name of S bank account (T) and the cash card and password in the U bank account (V).