🧾 Case Overview

The Supreme Court of Korea upheld convictions against three defendants for abusing a bank ATM fee system.

Charges included fraud and obstruction of business.

Final penalties: fines ranging from ₩4 million to ₩6 million.



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📌 Key Facts

KakaoBank had a policy:

It covered ATM withdrawal fees for its customers.

Fee per withdrawal: ₩1,020


The defendants:

Owned or operated massage businesses

Were affiliated with ATM operators (ATM Plus merchants)

Earned ₩400 per withdrawal as commission




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💰 The Scheme

Between May and June 2018:

Defendants made 8,000 to 10,000 ATM withdrawals

Used KakaoBank debit cards

Purpose: collect commission fees repeatedly


They disguised the activity as normal customer transactions



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⚖️ Lower Court Rulings

1st Trial:

Fines:

Two defendants: ₩4 million

One defendant: ₩6 million


Court found:

Their actions disrupted normal banking operations



Appeal:

Prosecutors changed charges to fraud

Court accepted the change

Verdict overturned procedurally, but same fines maintained




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🏛️ Supreme Court Decision

Appeals dismissed → lower court ruling finalized

Court confirmed:

Even if actions target a computer system (ATM) rather than a person:

It can still count as deception (fraud)


If the result:

Causes a financial decision based on false assumptions, it qualifies as fraud


Repeated system manipulation can also be obstruction of business




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💡 Key Takeaways

✔️ Exploiting automated systems can still be fraud, even without direct human deception

✔️ High-frequency “normal-looking” transactions can be treated as criminal schemes

✔️ Courts focus on the intent and outcome, not just the method

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=217865