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(영문) 의정부지방법원 2014.02.06 2013고단3267
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2013 Highest 3267]

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any electronic card or password necessary for the use of such electronic card, or any user number registered with any financial institution or any electronic financial institution, which is a means of electronic financial transactions;

around 10:00 on September 9, 2013, the Defendant acquired the means of access under the same series of electronic financial transactions, as indicated in the [Attachment] Nos. 3, 4 and 13, 14, 15, 16, 17, and 18, from August 23, 2013 to September 9, 2013, through Kwikset Service delivery personnel, around 3 times in the additional digital group area of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, via Kwikset Service delivery personnel.

[2013 Highest 4227]

2. On August 2013, the Defendant: (a) in collusion with the Nonindicted Party on his/her name, set up a malicious code on a mobile phone by sending an unspecified number of mobile phones with a warning sign on the smartphone business; (b) received money from an unspecified number of accounts; and (c) the Defendant agreed to receive money from an unspecified number of accounts by using the passbook and cash card from an unspecified party; and (d) withdrawn the money by receiving the passbook and cash card from an unspecified party on his/her name; and (e) withdrawn the money from the account he/she received; and (e) then, wired the money to an unspecified person

Accordingly, on August 20, 2013, the nameless person sent a mark of the smartphone business center to the cell phone (I) of the victim H (n, 21 years of age) at the remote site of the place around August 20, 2013, and then identified the account number, password, etc. of the account used by the victim, and then transfers the sum of 440,000 won from the account used by the victim without authority from the account used by the victim to the post office (number K) account in the name of J (number K) at around 13:25 on the same day.

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