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(영문) 의정부지방법원 고양지원 2017.10.26 2017고단2636

사기방조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant: (a) using the so-called “Sishing” that the passbook is required for the crime of fraud; (b) transferred the passbook to a nameless person who committed the crime of fraud; and (c) attempted to withdraw the amount of damage caused by the crime of fraud from the passbook to the passbook and use it at will.

On January 2017, the Defendant reported the solicitation advertisement of passbook “4 million won per month” through the Internet search, and sent a Kakao Stockholm message to a name-oriented person via the phone number indicated in the advertisement.

At the same time, 150,000 won per day, 300 to 400 million won per month, and the head of the Tong was to be transferred.

Accordingly, around 12:00 on January 17, 2017, the Defendant used Kwikset's service with the post office (L) account in the name of the Defendant prior to the D convenience store located in Seo-gu, Seo-gu, Seo-gu, Seo-gu.

On January 18, 2017, the name influenite who received the above physical card, called "The No. Dog Capital Counseling Institute is the No. Dog Capital Counseling Institute, who will make a loan by enhancing credit rating," by phoneing the victim M at a place where it is not possible to know the place of light on January 18, 201, and it was remitted KRW 6 million from the victim to the above account in the name of the defendant.

Accordingly, the Defendant transferred the electronic financial transaction access media, and made it easier for the Defendant to commit the “Sishing” fraud of acquiring property by deceiving the victim M by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Application of Acts and subordinate statutes on the verification of transaction details and account transaction details;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act (a) of the option of punishment for the crime, Articles 49(4)1 and 6(3)1 (a) of the Electronic Financial Transactions Act (a point of transfer of access media) of the same Act, and each choice of imprisonment with labor;

1. Article 32 (2) and Article 55 (1) 3 (Accessories) of the Criminal Act mitigated by Act;

1. The former part of Article 37 of the Criminal Code, and Article 38.