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A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1 to 15 shall be confiscated.
Reasons
Punishment of the crime
[전제사실] 피고인은 2016. 5. 23. 대한민국에 입국한 중국 국적자로서, 중국 총책(성명불상자)으로부터 위챗(we chat) 메신저를 통하여 “대포카드를 전달받고 돈을 인출하여 전달해 주면 인출 총액의 5%를 주겠다”는 범행 제의를 받고, 이를 수락하여 중국 총책이 보이스피싱 수법의 전화사기 범행으로 피해자로부터 돈을 송금받으면 피고인이 이를 인출하여 위 총책이 지정하는 계좌로 송금하는 일명 ‘현금 인출 및 송금책’ 역할을 담당하기로 위 총책과 공모하였다.
【Criminal Facts】
1. Around 12:00 on June 14, 2016, the defrauded and the above-mentioned general responsible person called the victim D, and made a false statement to the effect that “The birth and appearance of his/her father and wife by his/her father and wife was written with the bond of KRW 20 million and the guarantee was made by his/her father and wife,” and, at present, E went away from the escape of his/her husband and wife was kidnapped to the underground room. The Defendant and the above-mentioned general responsible person sent KRW 20 million to the Defendant and the above-mentioned general responsible person.”
However, the defendant and the above-mentioned person did not capture the victim's father, and the above-mentioned person attempted to take money from the victim by deceiving the victim.
At around 12:43 of the same day from the victim, the Defendant and the above person under whose name the victim had inducedd the victim, and was transferred KRW 5,50,000,000 to the account (Account Number H) of Han Bank account in G, and KRW 13:20 of the same day to the account (Account Number J) of the National Bank in I’s name, and KRW 14,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and the Defendant, upon the direction of the above person under whose name the victim had not been registered, withdrawn KRW 5,00,00 from
Accordingly, the defendant, in collusion with the above-mentioned person, deceiving the victim, thereby deceiving 19.5 million won from the victim.
2. Any person who violates the Electronic Financial Transactions Act shall be engaged in the use and management of the means of access.