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(영문) 인천지방법원 2018.07.06 2018고단2515

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant, on January 2018, would give KRW 100,000 per day to a commission if he/she had an act of withdrawing a check with the delivery of the check card and remitting it to an account known to him/her in the form of internal information from a person without his/her name (hereinafter “D”).

Upon receipt of a proposal to the effect that “the foregoing date was a part of the crime of telephone financial fraud,” the said date was well aware of the fact that it was a part of the crime of telephone financial fraud, and thereafter began to withdraw cash by receiving the check in accordance with the instructions of the said D from that time.

Since then, on March 23, 2018, an employee in charge of telephone financing fraud assumes the employee of the financial institution by telephone to the victim E at a closed place, and "I will provide a loan to the agent of the modern Capital Capital F, who transfers the deposit amount of KRW 3 million.0 million.

The phrase “ makes a false statement.”

However, there was no intention or ability to provide a loan to the victim even if he/she was not an employee of the financial institution and received money from the victim.

An employee of the call financial fraud assistance in the above name was transferred KRW 3 million from the person who was suffering from the damage to the account in the name of G in the name of the Republic of Korea (H) on the same day. On the same day, the Defendant withdrawn KRW 3 million from the above account using the check card (I) connected to the account in the above G bank in the name of the Republic of Korea (I) and remitted the amount to the non-bank account as instructed by the above D.

As a result, the Defendant received property by deceiving the victim in collusion with his or her name in order with an employee who is engaged in telephone financing fraud.

2. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium, in receiving, demanding or promising any access medium;

A. Nevertheless, the Defendant committed a crime on March 23, 2018, as described in paragraph 1, is given the foregoing D.