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(영문) 서울남부지방법원 2017.05.02 2017고단670

사기방조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

One copy (No. 1), one copy (No. 2), one copy (No. 2), one copy, and cash.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer any access medium necessary for electronic financial transactions or set up a pledge thereon, except as otherwise provided for in any other Act;

Nevertheless, the Defendant received a proposal from a person under whose name the Defendant would pay a physical card to him/her, and around February 3, 2017, the Defendant issued a total of the physical card that is linked to the Agricultural Cooperative Account (Account Number: C) and the post office account (Account Number: D) in front of the exit of the air route No. 2 in the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, via Kwikset-si, a total of two copies of the physical card, linked to the post office account (Account Number: D).

As a result, the Defendant transferred two copies of the physical card, which is a medium access to electronic financial transactions, to a name-free person.

2. On February 1, 2017, a person who is not eligible for the name of aiding and abetting fraud shall call the victim E to call and misrepresent himself/herself to work in a national bank, and “if transferred to an account known to him/her after obtaining a credit card loan, he/she shall have a credit rating by accumulating the transaction performance.

A loan may be granted up to KRW 80,000,000, which is up to the credit rating.

“Along on February 6, 2017, after having the victim borrow 15 million won from a new card company, the victim acquired the loan by means of a transfer of 15 million won to a post office account (Account Number: D) in the name of the defendant.

The defendant, in order to assist the victim in acquiring money from the above victim, issued a e-mail card and password connected to the post office account to be used for the crime, and made it easier to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the E statement;

1. A protocol of seizure and a list of seizure;

1. Application of the screen of the recipient’s mobile phone text messages and the screen pictures of the contents of telephone calls, and the CD-related Acts and subordinate statutes;

1. Article 49(4)1 and Article 6(3)1 of the Act on Electronic Financial Transactions (transfer of access media) concerning facts constituting an offense