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(영문) 대구지방법원 서부지원 2018.02.09 2017고단3114

사기방조등

Text

The crime of aiding and abetting fraud in the judgment of the defendant against the violation of the Electronic Financial Transactions Act.

Reasons

Punishment of the crime

[criminal history] On October 2, 2008, the Defendant was sentenced to five years of imprisonment for a violation of the Narcotics Control Act, etc. at the Daegu High Court, and completed the execution of the sentence to the Daejeon District Court on January 9, 2013. On July 22, 2016, the Daegu District Court sentenced the Defendant to three years and six months of imprisonment for a violation of the Narcotics Control Act. The judgment became final and conclusive on August 4, 2016.

[Criminal facts]

1. The Defendant and B, in violation of the Electronic Financial Transactions Act, sought access media such as e-mail cards and passbooks through the e-mail, etc., and conspired to sell the access media to use the proceeds in installments.

The Defendant and B received physical cards, etc. connected to C’s corporate bank accounts (D) from the end of March 2014 to the end of April 2014, 2014, and B from C to the middle of April 2014. The Defendant sent the above physical cards, etc. to Kwikset Service, and sent them from C, F, G, H, and I to C’s Saemaul Bank Account in the name of C, F, Agricultural Bank Account in the name of H, Agricultural Bank Account in the name of G, Agricultural Bank Account in the name of G, Agricultural Bank Account in the name of H, Agricultural Bank Account in the name of H, Agricultural Bank Account in the name of H, Agricultural Bank Account in the name of H, and Bank Account in the name of I (O). The Defendant received the above physical cards, passbook cards, passbooks cards, etc. from the Incheon passenger bus terminal, Incheon High Bus bus Terminal, and T’s employees such as QV card, etc., and the name of the crime in the name of Q, etc.

Accordingly, the defendant and B conspired to transfer the electronic financial transaction access media.

2. On March 28, 2014, the criminal investigation staff, such as aiding and abetting fraud and aiding and abetting fraud, misrepresenting the victim S financial institution staff, and, on March 28, 2014, falsely assumes the victim S financial institution staff, “When borrowing KRW 15 million from mountain and machine, the transaction performance by directly repaying the loan shall be accumulated, and then, a loan account shall be opened and loaned.

“Falsely speaking,” and its affiliation from the victim S to the corporate bank account in the name of C, 16 million won.