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Defendant
B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by imprisonment with prison labor of ten months.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
1. In using and managing a means of access, no person who has violated any of the Electronic Financial Transactions Act by Defendant A may transfer the means of access unless otherwise specifically provided for in any other Act.
On May 20, 2015, the Defendant transferred the electronic financial means of access to a post office account (H) in the Busan Dong-dong, Busan, through Kwikset service, to a person in default of his/her name, via a passbook and physical check from the account in the name of the Defendant, and to a person in default of name, through Kwikset service.
2. Defendant B’s misrepresentation of fraud by using computers, etc. is a general responsibility of a crime organization of telephone financial fraud (tentatively referred to as “scaming”) by deceiving victims’ money through false phone calls from many unspecified domestic victims, or by using personal financial information of the victims who entered a phishing site. The Defendant conspired to serve as a role of delivering the amount of damage that the account holders withdrawn from the account’s nominal holders to the person who instructed the account holders.
On May 29, 2015, the employee in charge of scaming under such a public offering made a false statement to the victim I, “In order to apply for a promotion again after applying for a security elevation on the Internet, the number of the OTP card number is required,” and the member transferred KRW 94 million from the Daegu bank account under the victim’s name to C’s name bank account (J) from the Daegu Bank account (J), and the defendant transferred KRW 151,00,000 from the Gangnam-gu Seoul Metropolitan Government KB Bank Gangnam-gu KB Bank, Gangnam-gu, to the KB Bank, Gangnam-gu 151, in accordance with the direction of the above, the account holder C, who is the account holder, in order to apply for a promotion again after having applied for a security elevation on the Internet.”