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A defendant shall be punished by imprisonment for two years.
The defendant shall obtain money from the applicant C to the applicant C, KRW 624,00, and the applicant D for compensation.
Reasons
Punishment of the crime
[Basic Facts] The Defendant called “to give a loan when sending a passbook” from a person in the name of the Defendant, and was aware of the fact that it was no longer possible for the Defendant to grant a loan, and even though the Defendant was aware of the fact that the passbook, etc. was to be used for the criminal act of pressing, he/she had the name of the Defendant’s check card, account number, and password. The Defendant kept the passbook in the custody of the Defendant, and the Defendant was able to withdraw and use the passbook when he/she deposited the money to the said passbook in the name of the victim.
[Criminal facts]
1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;
Nevertheless, on May 2016, the Defendant: (a) opened a national bank account (H) at the seat of the National Bank located in the Dong-dong, Chang-si, and opened a bank account in the name of the Defendant at the seat of the National Bank located in the Chang-gu, Chang-si; (b) opened the crow card connected to the above account to the person in distress through Kwikwikset service; and (c) transferred the access media informing the password by telephone.
2. On May 25, 2016, in a place where it cannot be known from May 25, 2016, the false statement was made to the effect that “I deposit money into the account in which I would be able to grant a loan on a better condition.”
However, in fact, the person who is not aware of the fact was merely intended to acquire the money by means of phishing, but did not have the intention or ability to give the money to the victim.
On May 26, 2016, a person who was unaware of his name was deprived of the victim, and was transferred to the account of a national bank in the name of the defendant who was taken over by the above method as above from the victim, to the account of a national bank in the name of the defendant.
In this respect, the defendant is called the above-mentioned person.