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(영문) 대전지방법원 2018.01.25 2017고단4704

사기방조등

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendants’ criminal conduct

(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for a crime;

Nevertheless, on July 16, 2017, the Defendants received a proposal and accepted the proposal to pay 5% of the face-to-face withdrawal amount from a person in unsound name to an illegal private sports soil. On July 16, 2017, the Defendants received a post-bank card (F) from a post-office bank that sent a name-to-faced person to a bus number at the Daejeon Daejeon Complex, Dong-dong, Daejeon, Daejeon on July 16, 2017. On July 20, 2017, the Defendants continued to receive and keep one check card connected to the national bank account (G) with a bus freight from the Daejeon Complex.

As a result, the Defendants conspired to keep access media while being aware that they will be used in crime.

B. On July 21, 2017, the influor of the name of aiding and abetting fraud calls from the victim H (the age of 23) to the victim H (the age of 14:56 on July 21, 2017, and the HC account was used in distributing illegal funds. As such, HC account was transferred to the designated account to confirm whether it was involved, so that the victim wired KRW 6 million to the K bank account in the name of the National Bank (G).

The Defendants intended to withdraw KRW 6 million from the cash withdrawal period of the Saemaul Treasury in the Seongbuk-gu Daejeon-dong, Daejeon-gu, with the proposal as described in the above 1-A, and with the consent as stated in the above 1-A, using the physical ck card and the password known by the winners of the name in the custody, but failed to withdraw KRW 6 million due to the suspension of payment.

As a result, the Defendants conspired to commit the crime of fraud of a person without a name, thereby making it easier for the Defendants to commit the crime.

2. The act of lending or lending an access medium with the knowledge that a person who violates the Electronic Financial Transactions Act by a defendant A is to be used for a crime or to be used for a crime;