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(영문) 의정부지방법원 고양지원 2015.02.06 2014고단3219

사기등

Text

Defendant shall be punished by imprisonment with prison labor for each crime from November 3, 2014 to December 5, 2014, and from December 8, 2014.

Reasons

Punishment of the crime

[criminal power] On November 27, 2014, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a crime of escape, etc. at the Incheon District Court, and the said judgment became final and conclusive on December 5, 2014.

【Criminal Facts】

The telephone financial fraud group is an organization that takes over money from victims to acquire money from the victims by misrepresenting the employees of financial institutions to the effect that it will make a loan by telephone free to unspecified Korean people.

The role of the telephone financial fraud group is divided into “general responsibility” in charge of organic communication between the braille organizations, “induction” in China, “induction” in order to transfer money by deceiving the victim by posting a telephone or sending text message to the Korean people, “induction” in order to recruit the passbook to be used for the crime, “induction” in Korea, “induction of cash” in order to prevent the amount of money deposited into the passbook, “induction of cash” in order to recover the withdrawn cash and transfer it to China, and is operated in the form of thorough occupation system in preparation for arrest.

On November 2014, the Defendant was willing to take the role of withdrawing cash by delivering one bankbook, cash card, etc. from “C”, which is a total book of the telephone financial fraud group.

1. A person violating the Electronic Financial Transactions Act is prohibited from taking over the means of electronic financial transactions, but the Defendant was issued a physical card and its password, which is a means of access, on a total of 26 occasions from November 13, 2014 to December 17, 2014, via Kwikset from the solicitation book of the head of the relevant telephone financial fraud group, via Kwikset service.

Accordingly, the Defendant acquired the means of electronic financial transactions in collusion with the telephone financial fraud group, such as “C”.

2. The term “induction” that cannot be identified by the above conspiracys as seen above refers to a loan of KRW 10 million by posting a phone to the victim D on November 20, 2014.