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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[criminal power] On November 20, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of three hundred thousand won for fraud, etc. in the Goyang Branch of the District Court of Jung-gu on November 20, 2019 and the above judgment became final and conclusive on May 2, 2020.
【Criminal Facts】
1. No person who violates the Electronic Financial Transactions Act shall keep a means of access under the Electronic Financial Transactions Act while promising to receive compensation;
Nevertheless, the Defendant accepted the proposal from the early policeman on June 1, 2019, that “the Defendant shall pay KRW 100,000 per time from the designated person to the designated person,” and it is evident that the “0,000 won” as stated in the indictment was a clerical error in the “17:57” (Evidence Nos. 21, 21, and 80). As such, the Defendant’s correction is made as above.
In the vicinity of the 1st exit in the Guri-si, Gyeonggi-si, the CB card was received and stored in the CB bank account (Account Number: D) from B.
Accordingly, the Defendant promised to receive compensation and kept the means of access under the Electronic Financial Transactions Act.
2. In operating a call financial fraud group at an unsound place, the defrauded, while managing and recovering funds in the form of an organization, such as cash books and money exchange books, the Defendant promised to receive KRW 10 to 300,000 at one time, and the Defendant, upon receiving instructions from the victim via his/her cell phone telephone telegram, takes charge of the “passing” role by transferring money to the account designated after receiving money directly from the victim or collecting money from the victim and then transferring the money to the account designated by the bank. As such, the Defendant conspired to obtain money by using the so-called “passing” method.
On June 11, 2019, the person who was not aware of the crime against the victim E is a victim E by telephone at a place where it is impossible to know on June 11, 2019, and is 330 million won at an annual interest rate of 3.3% when repaying the existing loan.