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(영문) 인천지방법원 2016.07.14 2016고단2998

사기방조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 18, 2016, the Defendant would offer 6,500,000 won to the account to be lent for six months to the account in need of the head of the Tong for the creation of the company's secret funds from a person who is in the name of the defendant.

“On the phone, the above-mentioned person was suspected of having been an employee of the Bosing Fraud Group, but was willing to receive money.”

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium in using or managing any medium access to electronic financial transactions, except as otherwise provided for in any other Act;

On March 2, 2016, around 15:00, the Defendant received KRW 6.5 million in the vicinity of the C cafeteria located in Seo-gu Incheon, Seo-gu, Incheon, and attempted to provide Kwikset with three physical cards connected to the Defendant’s name-based bank account (D), the new bank account (E), and the new bank account (F), and three passwords, respectively.

2. On March 22, 2016, an employee in charge of the fraud aiding and abetting the fraud: (a) the fact is merely the exchange of the Bosing fraud; (b) the victim G did not have an intent or ability to lend the funds; and (c) by calls to the victim G, “NH agricultural cooperatives.”

When the existing loan is repaid, the loan may be made up to KRW 10 million.

“Falsely speaking,” the victim was transferred KRW 6,00,000,000 in total, around March 23, 2016, to the said Defendant’s corporate bank account from the victim, and KRW 6,990,000,000 in total, around March 23, 2016.

The Defendant, despite being aware that he was to be used in the phishing fraud as above, aided and aided the crime of fraud of the unlawful persons in name, by making it easy for a member of the phishing fraud organization to acquire 6,90,000 won from the above damage to the above Defendant’s corporate bank account by using the phishing card and password connected to the above corporate bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of G’s written laws and regulations.