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(영문) 광주지방법원 2019.05.23 2019고단547
사기방조등
Text

A person shall be punished by imprisonment with prison labor for not less than 8 months and by imprisonment for not more than 10 months with prison labor for the crimes of No. 1 and No. 3 of the Decision.

Reasons

Punishment of the crime

On January 16, 2018, the Defendant was sentenced to five months of imprisonment for fraud aiding and abetting and two years of suspended execution at the Gwangju District Court on January 24, 2018, and the judgment was finalized on January 24, 2018. On May 10, 2018, the judgment was finalized on May 18, 2018 by the Gwangju District Court as sentenced to five months of imprisonment and two years of suspended execution.

"2019 Highest 547"

1. No person who violates the Electronic Financial Transactions Act shall transfer a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, around August 2018, the Defendant heard the statement to the effect that “a loan can be made, 30 million won will be available, and a physical card should be sent to the country” from a person who has no name, and transferred the means of access by delivering the physical card and password connected to B (C) account in the name of the Defendant to the person who has no name.

2. The false name of the victim of fraud is a member of the telephone financial fraud (one-time phishing) that defrauds the damaged funds by falsely misrepresenting a loan adviser to many unspecified victims, and the Defendant is the nominal owner of the account used for the phishing.

On February 22, 2017, the name-freeist made a false statement to the victim D, stating, “The E Bank staff is the employee of the E Bank. It is possible to make a substitute loan at an interest rate of 4% on condition of redemption of loans already used at high interest rate.”

However, the person who was not the employee of the financial institution, but did not have the intention or ability to realize the loan to the victim.

On February 22, 2017, on the pretext of the repayment of existing loans from the victim, the person who was unaware of the name was transferred KRW 9.8 million to the F Bank G account in the name of the defendant, and was ordered to receive property by deceiving the victim.

On February 22, 2017, the Defendant under the direction of a person who was unable to obtain his name, and at the point of Maduk-gun H located in Jeonnam-do, Jeonnam-do on February 13:18, 2017, the Victim F.

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