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(영문) 서울중앙지방법원 2018.12.21 2018고단7269

사기미수등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Court, and on June 22, 2016, the Seoul Southern District Court completed the execution of the sentence on June 22, 2016.

Criminal facts

1. The Defendants related to the public offering and one-time “C team leader” and “D team leader” are the accomplices of the so-called “Sishing” online financial fraud crime. On October 23, 2018, the Defendant conspiredd to receive cash delivery or withdrawal of money from an unspecified number of victims through the Internet hosting program, etc. on behalf of the employees of financial institutions, and to demand that the aforementioned persons without the name will withdraw and deliver cash to the unspecified number of victims, or transfer money to the account. The Defendant conspired to receive cash delivery or withdrawal of money from another person’s account under the name of a third party.

2. No person who violates the Electronic Financial Transactions Act shall keep access media with the knowledge that he/she is to be used for a crime or to be used for a crime;

Nevertheless, around October 23, 2018, the Defendant kept two e-mail cards in the name of another person (EF card number G, H I bank number G) and the password of the card in the name of another person in the direction of the subway line 4 line in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. On October 23, 2018, the Defendant kept them in possession for cash withdrawal.

3. On October 23, 2018, the names of the victims of false information, who attempted fraud, are the head of the K CC team by posting a phone call to victims E on October 23, 2018.

In case of remitting KRW 20 million to an account designated by the internal branch, a false statement stating that it would be said to lend KRW 90 million thereafter, and the victim, on October 26, 2018, transferred KRW 20 million to the F bank account in the name of L (Account Number M) at around 13:08, according to the direction of the above inf bank account (Account Number M).

On the other hand, the above persons without the name are the N company D team leader by posting a telephone to L around 16:00 on October 24, 2018.

The money deposited into a new account is collected from us.