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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단1882

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

[Defendant A] The defendant A shall be punished by imprisonment for three years.

[Defendant B] Defendant B shall be punished by imprisonment with prison labor for one year and six months.

Defendant .

Reasons

Punishment of the crime

L is the total responsibility of the telecommunications-based financial fraud organization, and the defendant A is the total responsibility for the withdrawal to educate and manage the organizing personnel in Korea upon L's instruction.

Defendant

A received a request for the operation of the withdrawal organization in Korea from L, and around January 10, 2015, around January 10, 2015, the Defendant D, which was known in China, was introduced into the organization of the withdrawal system. From February 1, 2015, Defendant C, around February 25, 2015, Defendant E, and Defendant B, around February 26, 2015, were introduced into the order organization with each withdrawal scheme.

이들은 L이 ‘위챗’을 통해 지시하면 제3자 명의 체크카드를 양수하고, 그 체크카드에 입금된 피해금을 인출한 뒤, 그중 수수료로 6%를 피고인들이 가지고, 나머지 94%를 L이 지정하는 계좌로 무통장 입금해주기로 상호 공모하였다.

1. No person who violates the Electronic Financial Transactions Act shall take over any electronic financial medium from others;

Nevertheless, the Defendants, in collusion with L on February 2015, acquired the physical card from the Kwikset Service’s account (N) through Kwikset Service Articles and received the password from L in collusion with L, and acquired the electronic financial medium by the same method 39 times from the end of March 2015, as indicated in the attached List of Crimes (1), from the end of March 2015.

[However, with respect to Defendant B, excluded from each part of paragraphs (1) through (4) of the crime sight table (1) per annum for Defendant C, excluded from each part of subparagraphs 16 through 39 of the crime sight table (1) for Defendant C, excluded from each part of subparagraphs 16 through 39 of the crime sight table (1) for Defendant D, and excluded from each part of subparagraphs 1 through 4 of the crime sight table (1) for Defendant E). 2. No person in violation of the Special Act on the Prevention of Telecommunications-based Financial Fraud and Refund for Loss and Refund shall allow any other person to enter information into an information processing device, such as computer, for the purpose of telecommunications-based financial fraud.

Nevertheless, the Defendants conspired with L on 2015.