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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Public offering relation] Around August 2016, the Defendant received a proposal from C to the effect that “When a foreigner of Chinese nationality was liable for approximately KRW 90,000,000 due to gambling and was involved in the crime of Bosing by receiving a physical card and then withdrawing cash by using it, he/she would pay him/her to him/her for his/her obligation.” On September 25, 2016, the Defendant conspired with C, etc. to participate in the crime of Bosing by delivering a physical card connected with another’s account under the name of the Kwikset service articles and then withdrawing the money received from the victims by using it in cash.”
【Criminal Facts】
1. No person who violates the Electronic Financial Transactions Act shall keep, deliver or distribute a means of access with the knowledge of the purpose of using it for a crime or being used for a crime;
Nevertheless, at around 11:00 on October 6, 2016, the Defendant received and kept 8 copies of the physical card listed in attached Table 1, such as the physical card (credit card No. E) connected to the company bank account in D through Kwikset service article in front of the exit of the Dongdaemun-gu Seoul Central District Office No. 279, Seoul Central District Office No. 279.
Accordingly, the Defendant, in collusion with the above C, kept the means of access for electronic financial transactions with the knowledge that it will be used for the purpose of crime or crime.
2. Fraud;
A. On September 30, 2016, the victim F made a false statement to the effect that “Around September 30, 2016, the victim F sent a loan amount of KRW 750,000,000 to the lower interest rate,” by phoneing the victim F to the victim F, and misrepresenting the G agency belonging to the KB National Bank.”
The above person under whose name the victim was accused of the victim, and then loans from the victim to the new bank account (Account Number I) account in the H at around 11:30 on the same day.