beta
(영문) 인천지방법원 2019.05.29 2019고단2740

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

As a general responsibility of the phishing organization that deceivings victims by means of misrepresenting them to financial institutions or investigation agencies by calls to many unspecified victims, and by deceiving them, it has managed a criminal organization composed of inducements to induce victims to deliver or remit the amount of damage, solicitations to invite victims to deposit the amount of damage, deliverys of the means of access connected to the amount of damage, withdrawals of the amount of damage from the said means of access, and withdrawals of the amount of damage from the said organization, etc.

On February 2, 2019, while searching for job offer advertisements via Internet B search, the Defendant became in contact with the members of the said singing organization using the “D” under the name of the said singing organization. The Defendant received a proposal from the said “D that “D would take 2-5% of the remittance amount per case if he withdraws money after collecting the singular card in the name of another and then transfers money to the account designated by the internal bank,” and then accepted it. Since that time, the Defendant collected the singular card to be used for committing the fraud of the said singishing organization according to the instructions of the said “D”, and then, the Defendant took the role of withdrawing the singular card and withdrawing the money if it was deposited into the account linked to the singular card with the fraud.

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation, and shall not lend or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access will be used for any crime or for any crime;

Nevertheless, the Defendant received the direction of the foregoing “D” around March 4, 2019 and moved to E in the future in the previous Kim Jong-si on the following day, and was linked to the G bank account in the name of F.