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(영문) 서울서부지방법원 2019.10.30 2019고단2870

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Seized evidence No. 8-21 shall be confiscated.

Reasons

Punishment of the crime

성명불상자는 보이스피싱 범죄 조직원으로 국내의 불특정 피해자들에게 전화하여 금융기관을 사칭하며 대출을 해주겠다고 기망하거나, 메신저로 피해자의 가족인 것처럼 접근하여 기망하고 조직원들에게 범행을 지시하는 역할, 피고인은 성명불상자가 위챗으로 하는 지시에 따라 타인의 체크카드를 받아 보관하다

In order to perform the role of withdrawing and remitting money by using the card, the defendant conspireds to deceiving others by using name scam and scam in order with the name scam and to receive money.

1. No person who violates the Electronic Financial Transactions Act shall lend the means of access or keep, deliver or distribute the means of access with the knowledge that such use is intended for any crime or is to be used for any crime;

Nevertheless, at around 17:13 on March 23, 2019, the Defendant, in collusion with the person who was not registered, received an order to collect the check card from the person who was not registered, and received an order to collect and keep one copy of the check card, the means of access, for the purpose of using it in withdrawing the amount of damage caused by the scaming crime before the exit of the new forest basin located in Guro-gu Seoul Metropolitan Government, Guro-gu, and received an order to collect the check card from the person who was not registered, at least 11 times until March 26, 2019, and received an order to collect the check card from the person who was not registered, and kept the check card as the means of access.

Accordingly, the defendant, in collusion with the person who was not the victim, kept the means of access with the knowledge that it would be used for crime or crime.

2. On March 26, 2019, at around 10:00, the person who was unaware of the name of fraud calls to the victim C for a loan of the government-funded ordinary people at a low interest rate (4.6%). In order to implement a loan, the person who was unaware of the name of fraud told that “the Government-funded ordinary people should pay the guarantee insurance fee to the National Tax Service.”

However, the person who has failed to know the fact is not a member of the D Bank.