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(영문) 인천지방법원 2016.07.13 2016고단1426

사기방조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for not more than ten months in the Incheon District Court’s Vice Branch on December 9, 2015, and the judgment on February 18, 2016 became final and conclusive on February 2016.

[2] The Defendant: (a) received a proposal from a person under whose name the name the Defendant received a cash card connected to the account of a financial institution that “to provide loans; (b) received the said card from a person who was used to commit a crime, such as single-nameing, scaming, etc. by a person without a name; and (c) received the money from the account as a result of the crime, with the intention to withdraw the money that he received in advance of the person without a name, using the cash card

1. On March 3, 2015, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) received the aforementioned proposal from an influorious PC room in front of his/her trade name, and issued Kwikset a cash card and a password connected to the accounts of the Saemaul Treasury (C) via Kwikset’s Services.

As above, the Defendant transferred the access media necessary for electronic financial transactions.

2. On March 4, 2015, a person who is not eligible for the name of aiding and abetting fraud is committing an offense against the victim D.

The phrase “I would die if you will not send money,” which received five million won from the injured party to the Saemaul Treasury account (C) in the name of the defendant on the same day.

The defendant, as above, transferred the cash cards and passwords of the above Saemaul Treasury account to the person who was not the name of the defendant in order to assist him in the crime, and prevented him by facilitating the crime, as in paragraph (1).

Around June 15, 2011, the Defendant made a false statement to the Figue room located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, stating that “In the event that he/she received monthly payment after having to do so, he/she shall lend one million won after having to do so.” However, even if he/she borrowed the above money from the injured party, he/she did not have any intention or ability to do so.

Nevertheless, it is not possible.