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(영문) 서울중앙지방법원 2015.11.20 2015고정3606

사기방조등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on June 6, 2015.

1. The Defendant in violation of the Electronic Financial Transactions Act is the nominal owner of the SCB Account.

No means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be transferred, taken over or pledged.

Nevertheless, around March 13, 2014, the Defendant transferred a physical card in the name of the Defendant to a person who is unable to know his name on the street around the Seo-dong, Gangnam-gu, Seoul, under the condition that he receives KRW 100,000,000 from the above one of the head of the Tong.

2. In order to facilitate the crime of fraud, the Defendant: (a) provided that a person whose name is unknown is aware of the fact that he/she would use the above passbook at the time, place, and at the same time and place as set forth in paragraph (1) of the same Article; (b) provided that, as above, one head of a Tong and one body card in the name of the Defendant was transferred; and (c) on March 13, 2014, a person whose name is not known, a person who purchased a victim C’s camera in the Internet website (hereinafter referred to as “the victim would sell the camera with 5D”); and (d) provided that, although he/she did not have the intent or ability to sell the photograph, he/she took over KRW 450,000 from the Defendant’s name to the passbook in the name of the Defendant and acquired KRW 5,150,000 won in total over five times, such as the list of crimes in the attached list.

As a result, the defendant aided and abetted the crime of fraud of the above-mentioned person.

Summary of Evidence

1. Statement made to D by the police;

1. Statement of each victim in preparation of C, E, and F;

1. Reporting internal investigation (the additional detection of victims);

1. Details of transfer by transfer;

1. Transfer certificate;

1. Egresponding screen of a mid-and long-term camera;

1. Detailed statement of transactions by transfer;

1. Making requests for financial transaction information;

1. Cash emittingCCTV-related circuits;

1. A list of transactions;