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(영문) 서울중앙지방법원 2016.12.21 2016고단6876

사기방조등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall retain the means of access with the knowledge that such access is to be used for any crime or to be used for any crime unless otherwise specifically provided for in

On April 29, 2016, at around 17:13, the Defendant kept a physical card in the name of the post office account (C) in the name of B, which was sent by the non-member of the organization of the scaming fraud, even though he was aware that the Defendant would be used for the scaming fraud crime, through Kwikset Service.

Accordingly, the defendant, knowing that he would be used in the crime, kept the means of access to others.

2. On April 29, 2016, the Defendant: (a) received a physical card in the name of the account B to be used as a “mulpion passbook” in the name of the singing staff from the singing staff under the name of the Defendant, as described in the foregoing paragraph (1); and (b) when a member of the organization in the name of the Defendant committed the singing, and transferred the money to B with the account in the name of the singing staff, the Defendant transferred the money to another account.

On the same day, the employee of the Singishing assistance stated that “I will proceed with the lending procedure if I would pay the money as I would be possible, because I would be able to grant a loan.”

However, the person who is not aware of the fact did not have the intention or ability to harm the loan.

The above-mentioned person who deceivings the victim as such and received 2.3 million won from the victim to the above post office account in B's name on the same day, and deceiving the victim E in the same manner on the same day, thereby deceiving the victim E to transfer 990,000 won to the same account.

The Defendant, in order to facilitate the above phishing crime by a person with no name, withdrawn the amount of damage transferred to the account in the name of B kept by himself as referred to in the above paragraph (1), and then designated by the person with no name.