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(영문) 부산지방법원 2016.10.12 2016고단3792
사기등
Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 15,00,000 won to D who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant intended to take part in the Internet fraud crime of deceiving victims by making phone calls to many unspecified victims at the call center office located in the Philippines and by falsely pretending to a lending company’s staff, a police officer or an inspection, and deceiving victims by deceiving them, or posting false goods on the Internet website, which led to the Defendant to take part in the Internet fraud crime of deceiving victims. The Defendant attempted to withdraw the money obtained through the cash card received from the total liability and then transfer it to another account managed by the total liability.

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall borrow or lend the means of access, or keep, deliver or distribute the means of access, knowing that such means are to be used for a crime or to be used for a crime;

A. The Defendant’s delivery of the means of access refers to sending a cash card to be used for the delivery of the total amount of money obtained by deceptions and other crimes according to the direction of the above total liability. On May 3, 2016, the Defendant sent one cash card connected to the Defendant’s name bank account (H) to the said general book in the Philippines at G office located in the Dong-gu, Ansan-si.

Accordingly, the Defendant knowingly delivered a means of access to a crime.

B. The Defendant of the means of access intends to receive cash cards to be used to withdraw cash from the deposited account with money acquired through such crimes as Bosing, etc. according to the direction of the above total liability. On April 20, 2016, the Defendant sent the money to Kwikset service delivery for the purpose of using it for crimes, such as Bosing, etc. in the Defendant’s residence located in I and 302 at Sising City around April 20, 2016.

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