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(영문) 서울서부지방법원 2018.05.11 2018고단790

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On January 10, 2018, the Defendant planned to commit the crime of deceiving money from victims under the pretext of obtaining loans from the victims on a low interest rate by misrepresenting a large number of unspecified victims by calls, and repaying part of the existing loans. On January 10, 2018, the Defendant sought high-profit Kwikset service information at the Internet “Acheon-gu website,” and received a proposal to contact with the victims of name cards and deliver them to “C” and “D(E).

1. No person who violates the Electronic Financial Transactions Act shall take over any access medium in using or managing the access medium;

Nevertheless, around 11:27 on February 27, 2018, the Defendant issued a copy of the physical card connected to the KB bank account (H) in G name before 110-dong 702 on G apartment units 11:27 on February 27, 2018, and then delivered it to E (hereinafter “D”) on the same day.

As a result, the Defendant acquired 17 copies of physical card from January 23, 2018 to the above date and time, as shown in the list of crimes, including taking over an access medium in collusion with name-free boxes and E. The Defendant acquired 12 times in total.

2. On February 21, 2018, the defrauded misrepresented the victim I by calls to the victim I, and misrepresented the victim I to the end that “the ordinary people with low interest rate may loan the government funds if part of the existing loans are repaid.” However, the nameless person did not have the intent or ability to lend the funds at a low interest rate even if he/she received money from the victim, not the Korean bank employees.

Nevertheless, as above, the person who was unaware of his name, by deceiving the victim, received 5 million won from the KB bank account in the above G name on February 27, 2018 from the victim, and then deposited 5 million won from the KB bank account in the above G name, and there is no person to withdraw the money to the defendant A. Accordingly, the money is paid by using the physical card issued by G as above.