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(영문) 의정부지방법원 2015.10.23 2015고단2582

사기등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 62 shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access, unless otherwise specifically provided for in any other Act in using and managing the means of electronic financial transactions;

A. On June 2015, the Defendant acquired the means of access to electronic financial transactions by taking over 33 credit cards listed in the attached Form No. 1 through 33, such as the national card in the name of D, delivered from a person who was not his/her name, in front of the Defendant’s residence, at the time of interesting in the lower time.

B. On June 30, 2015, the Defendant acquired the means of access to electronic financial transactions by taking over three credit cards listed in attached Form E(1) through (36), such as a new credit card in the name of E, which was delivered from a person in default of his/her name, in front of the Defendant’s residence.

C. On July 1, 2015, the Defendant acquired the means of access in electronic financial transactions by taking over the credit card 25, passbook 9, and passwords listed in attached Form No. 37 (1) through (60), such as the No.F. card in the name of the Defendant, which was delivered from the non-member of the name, in front of the residence of the said Defendant.

2. On June 29, 2015, the Defendant, in collusion with a telephone financial fraud assistance employee in his/her name, is waiting for the Defendant to receive instructions from cash withdrawal, etc. while managing the money wired by telephone financial fraud, such as a new card (credit card No. H) in the above Defendant’s residence, from the above Defendant, by delivering the credit card to withdraw the money in his/her name G, etc. In order to obtain instructions from the above Defendant. In fact, in the name of the victim F’s account was not used in the fraudulent case, the Defendant misrepresented the public prosecutor of the Seoul Central District Public Prosecutor’s Office by phone to the Defendant, although he/she did not have any fact that the victim F’s account was used in the fraudulent case. “As the account in his/her name was used in the fraudulent case, it is likely that money laundering and cash withdrawal is possible, the Defendant transferred money to the virtual