beta
Text
Defendant
A Imprisonment for six months, and Defendant B shall be punished by imprisonment for four months, and Defendant B shall be punished by this decision.
Reasons
Punishment of the crime
[2016 Highest 4755] - Defendant A, B
1. Defendant A
A. On September 2016, the Defendant violated the Special Act on the Prevention of Fraud in Telecommunications and Financial Fraud and the Refund of Damage, including fraud, computer, etc., and the Special Act on the Prevention of Fraud in Telecommunications and Telecommunications and Financial Fraud, on which he was unable to know the name of the early police officer, had the victims transfer money to the account designated by him, or transfer money from the victims’ account to another account to the financial information of the victims discovered by using a fake financial institution website, the Defendant intented to withdraw the money received from the victims in cash and deposit it to the account designated by the victims under the direction of the “E”, etc., which is the cause of the organization of telecommunications fraud, and to receive 3% of the withdrawn amount.
Therefore, around September 13, 2016, an employee in charge of telecommunications fraud in name may make loans up to KRW 20 million by leaving the phone to the victim F on September 13, 2016. In order to transfer KRW 480,000,000,000 to the account designated by the said E, etc., the Defendant withdrawn KRW 480,000 from the said account and deposited the remainder of the Defendant’s share in the account by leaving the phone to the new bank account in the name of G from the victim F.
In collusion with the aforementioned “E” and other employees to engage in telecommunications fraud, the Defendant, from around that time to September 14, 2016, received total of KRW 49,540,800 from the victims in the same manner as the one in attached Table 1 of the crimes committed during the period from around September 14, 2016. Among them, the Defendant, from the victim H and the victim F, acquired the amount of damage as above and, at the same time, had the victim H and the victim F enter the information or order into the information processing device, such as computer, for the purpose of telecommunications fraud.
(b) Anyone who violates the Electronic Financial Transactions Act shall be engaged in the use and management of access media.