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(영문) 광주지방법원 2016.12.08 2016고단4538

사기방조등

Text

A defendant shall be punished by imprisonment for a period of five months.

One cellphone (No. 1443, 18 October 18, 2016) seized Handphones.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any electronic card, certificate, financial institution or user number, password, etc. of the electronic financial transaction or lend a means of access by requesting or promising to receive any consideration therefor;

Nevertheless, around June 7, 2016, the Defendant received a telephone from a person who was unaware of his name to create a credit card, and opened a national bank account (D) and an OTP card in the name of the Defendant around the 8th of the same month, and sent an account number to a person who was unaware of his/her name using Kakao Stockholm, and around 13:00 of the same month, around 15th of the same month, the Defendant provided an OTP card, which was opened in advance to a person who was unaware of his/her name, using Kwikset-dong 304 and 402 of the same month, and transferred the means of access by providing Kwikset with the identification number.

2. Frauding;

A. On June 20, 2016, at around 12:30, the victim F (or 28 years of age) by telephone at an irregular place, despite the fact that the victim F (or 28 years of age) was not the prosecutor, and the victim F (or the victim F) was made by misrepresenting the inspection of the source and falsely stating that money is deposited to the victim F on the ground of the theft of name, and that such money was transferred from the victim on June 21, 2016, around 10:44 and around 12:49, the sum of KRW 18,60,000 in the national bank account under the name of the defendant.

Around 10:00 on June 21, 2016, the Defendant: (a) called “I am to pay KRW 10,000,000 to the passbook in the name of the Defendant’s bank; and (b) I am to the house” from the Non-name Award; and (c) at around 12:25 on the same day, I am to withdraw KRW 10,020,00 at the Dong-dong Branch of the National Bank located in 179 as in Gwangju Northernbuk-gu; and (d) again called “I am to collect KRW 86,00,000 from the Non-name Award’s name,” and then released KRW 8,60,000 at the Dong-dong Branch of the National Bank on the same day at around 13:16 on the same day, at around 14:00, the Defendant sent KRW 18,60,000 to the Non-Name of the name through Kwikset service.

(b).