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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
When the Defendant transfers a liquid card, etc., the Defendant applied for the notification service of payment details prior to the transfer of the physical card so that he can be seen as the Defendant’s mobile phone even with the knowledge that the physical card, etc. may be used for the commission of crime, such as fraud, and when the amount of damage is deposited, the Defendant reported the loss of the transferred physical card, etc., and released the amount of damage using the re-issued physical card, etc., and
1. No person who violates the Electronic Financial Transactions Act shall transfer the access medium unless otherwise specifically provided for in any other Act in using and managing the access medium;
Nevertheless, around January 11, 2017, at around 13:30, the Defendant transferred the access media by transferring the name-free scambling staff to the new bank account in the name of the Defendant, one passbook connected to the new bank account in the name of the Defendant, one check card, and the password, etc.
2. In such a time and place as described in paragraph 1, the Defendant transferred the access media, such as one passbook, one physical card, and its password, connected to the said new bank account under the Defendant’s name. The Defendant, who received the access media under the Defendant’s name, was allowed to call several calls from the victim D on January 10, 201 to November 11, 201.
Inasmuch as it is necessary to verify that loans are used once as loans are possible from KRW 60 million to KRW 80 million due to a substitute loan, it is necessary to conclude that loans are used. As such, the new card loan loan makes a false statement that “I shall receive loans of KRW 10 million from the new card loan to the account (the above new bank account in the name of the defendant) to be repaid to the new bank account in the name of the defendant,” and thus, the victim has the victim wired KRW 10 million to the above new bank account in the name of the defendant.
As such, the Defendant was able to facilitate the defraudation of KRW 10 million from the injured party by a member of the phishing organization.