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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Daegu District Court on February 1, 2013 and completed the execution of the sentence on April 27, 2015.
[2] When the Defendant received a proposal to transfer a passbook or e-mail card from a financial institution’s account from the telephone financial fraud group through the Internet, telephone, etc. to a large number of unspecified persons, the Defendant had the passbook, etc. used to commit fraud, such as scam, and had the passbook, etc. deposited the money acquired through the crime, then he was able to withdraw the remitted money first than the telephone financial group by re-issuance of the card.
1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;
Nevertheless, if the Defendant sent two passbooks, etc. from the telephone finance fraud group, he/she received a proposal that he/she will give KRW 6 million on condition that he/she will use it for six months, and accepted it, and on October 11, 2016, he/she sent each passbook and check card to the Defendant’s name bank account (E) and the Saemaul Bank account (F) account to the Incheon and the Saemaul Bank account.
2. Aiding fraud;
(a) On September 26, 2016, the Bosing Telecommunications Fraud Group is bound to “Cit Savings Bank” to the victim G around September 26, 2016.
As low interest rate of 8%, 20 million won can be loaned.
For a loan, I shall deposit money under the Financial Supervisory Service’s certificate.
“Along on October 13, 2016, the Plaintiff was transferred KRW 4,012,375 from the Defendant’s bank account in the name of the Defendant to the Defendant’s bank account.
When the telephone finance fraud group receives the remittance of KRW 4,012,375 as such, the defendant above the passbook and check card of the above national bank account to be used for the crime in order to assist the crime.