A defendant shall be punished by imprisonment for not less than three months.

In the facts charged of this case, each of the violation of the Electronic Financial Transactions Act is acquitted.

Punishment of the crime

[criminal history] On May 28, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Electronic Financial Transactions Act in the Vice-Support of the Incheon District Court, and the said judgment became final and conclusive on June 5, 2015.

[2] The Defendant and C are responsible for the so-called cash withdrawal of the International Telecommunications Fraud (hereinafter referred to as “Sscam”), and the organization is composed of the organization that operates the call center in the Chinese territory and operates the call center in the French territory to induce the transfer and deposit of the passbook by telephone, and the organization that takes the role of the transfer of the passbook in the Republic of Korea and the withdrawal and transfer of the damage therefrom. The Defendant and C, under the instruction of the person who was responsible for the name in China, made the call from the call center in China to unspecified domestic persons and sent the cash withdrawal to the Defendant and the above C, a book of cash withdrawal in Korea using Kwikset and other accessible media such as the physical card, using Kwikset and other services. In addition, the employee in distress collected certain money from the call center in China to the victims under the instruction of the person who was not responsible for the name in hand, and the Defendant and the above Korea deposited the money from the Chinese government to the above organization’s name and deposited it in order as above.

On April 3, 2015, the Defendant and C sent a phone call to the victim D on or around April 3, 2015, stating that “In spite of the absence of the intent or ability to grant a loan to the victim, it is possible to make an additional loan to repay part of the existing loan, and deposit money under the name of partial repayment.” The Defendant and C receive KRW 2.3 million from the damaged party to the bank account of E (Account Number F). The Defendant and C receive the check card for the said account that was held in advance with Kwikkset from the cash withdrawal machine near the Skset point of the same day.