beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The name-based accomplice (manager) in collusion with the members of the telephone financial fraud assistance in the name of the victim who mainly purchased the scrap metal by making a telephone call to the victims who mainly purchased the scrap metal, and by receiving money from the victims as if they sold the scrap.
Accordingly, the accomplice in the name of the accomplice included the defendant, C, etc., and the defendant opened a cash card, etc. connected to the account under the name of the defendant according to the instruction of the accomplice in the name of the defendant, withdraws the money wired to the account under the name of another person, enter the resident registration number, etc. received from the above accomplice into the account under the name of another accomplice in the name of another accomplice, and deposit the money into the account under the name
1. On March 3, 2014, an accomplice in fraud sent a forged tax invoice by facsimile, stating that “A person who is operating a luminous construction at Pyeongtaek-si by posting a telephone to the victim D at an irregular place. That is, he/she will deposit money and sell it to the customer.”
However, in fact, the above accomplice was not a person operating a luminous construction, and there was no intention or ability to sell scrap metal to the victim at all.
Nevertheless, the non-offender, as such, received KRW 9,715,00 from the victim's account in the name of the non-offender in the same day from the victim, such as deceiving the victim as such, and receiving KRW 154,120,000 from the time to March 29, 2014, he/she received KRW 154,120,090 through nine times in total as shown in the list of crimes in the attached list of crimes, and the defendant partly withdrawn the amount of damage by using the cash card for the account under the name of the defendant.
Accordingly, the defendant, in collusion with the accomplice in the name of the victim, acquired the victims' property.
2. Any person who violates the Electronic Financial Transactions Act shall make a transaction request in electronic financial transactions unless otherwise provided for in other Acts;