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(영문) 서울남부지방법원 2015.04.30 2015고단1085
사기미수등
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

Nos. 2 and 3, seized, from Defendant A.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. In using and managing the means of access under the Electronic Financial Transactions Act, no person may acquire the means of access, unless otherwise specifically provided for in any other Act.

Defendant

A under the direction of a person who is named in the form of passbook recruitment books, deposit withdrawal books, etc. (hereinafter “D”) in the Telephone Financial Fraud Group (hereinafter “Sphishing”), A, under the direction of a person who is named in writing (hereinafter “D”), intended to recruit passbooks and check cards used for the purpose of Bophishing, and to withdraw the source of Bophishing damage using the Cphish card.

Defendant

A received an order from the foregoing “D” to request the withdrawal of the passbook, and around March 13, 2015, the Defendant B made a call to the Defendant B to request the delivery of the passbook, and the Defendant B received the request from the Defendant A to the name-free winners (E; hereinafter “E”) in China.

Defendant

B around March 15, 2015, upon receiving a communication from “E” to the effect that “the head of the Agricultural Cooperative (Account Number G) in the name of F and the e-mail connected to the said head of the Tong-dong, Yeongdeungpo-gu, Seoul.” On the same day, the head of the Tong and the e-mail card was collected, and then the head of the Tong and the e-mail card was collected. On the same day, the head of the Tong and the e-mail were contacted to the Defendant A, and around March 16, 2015, the number and password of the above head of the Tong were notified, and around March 16, 2015, the Defendant Y and the e-mail card was opened at the head of the Dong-dong, Seoul, the head of the Dong and the e-mail card.

Accordingly, the Defendants, in collusion with the above “D” and “E”, acquired the means of access under the Electronic Financial Transactions Act.

B. The Defendant A, who attempted to commit fraud, received orders from the Organization of Bosing, under the direction of the person under a name not to mention (i.e., “I”; hereinafter “I”), who manages the withdrawal of the source of the damage from Bosing, etc.

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