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(영문) 서울남부지방법원 2020.01.09 2019고단6135

사기등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below] The above facts are the following facts: (a) a person who is not aware of his name demands money on the grounds that he will convert the existing loans to a low interest rate by a telephone representing an unspecified number of employees of financial institutions; and (b) a person who is in charge of money fraud is the total liability of the Bosing Organization; (c) the defendant is a cash collection and deposit account in the accounts used by Bosing Organization except for KRW 150,000 through KRW 250,000 per day among the victims, and (d) B/C is a cash delivery account to withdraw and deliver the amount of damage deposited in the account in his name after offering the account to an unspecified number of employees of financial institutions.

On November 1, 2019, the Defendant and the person under whose name the Defendant and the person under whose name the name the Defendant conspired to acquire money by deceiving many unspecified persons through the above method, and B and C attempted to facilitate the fraud of the person under whose name the money was damaged by transferring the money to the Defendant by the above method.

【Criminal Facts】

1. No person who violates the Electronic Financial Transactions Act shall keep, deliver or distribute a means of access, knowing that such means will be used for any crime;

Nevertheless, at around 19:15 on November 4, 2019, the Defendant received from D a copy of the E-bank Card (the card number: F) in the name of E-bank from D in accordance with the direction of a person who was aware that it will be used for the scaming crime, at around 10 hours in the Scam station located in 3 as Dongjak-gu Seoul Metropolitan Government.

Accordingly, the Defendant kept the means of access in another’s name.

2. On November 4, 2019, a person who was unaware of the morale of the victim G and the victim H is only the victim’s pecuniary gain, and does not have the intent or ability to harm the loan or to make a low-interest exchange loan. However, the victim G calls to “I Bank.”

After examining documents, 30 million won can be loaned.

The results of transactions must be accumulated.