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(영문) 대전지방법원 2016.01.29 2015고단4299
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as an organization in charge of the cash withdrawal of the telephone finance fraud (one name “Sishing”), recruited a victim to transfer money in the victim’s account by misrepresenting himself/herself to the account known to the investigation agency by leaving the phone to unspecified persons, and the Defendant conspired to commit the telephone finance fraud by withdrawing the aforementioned money transferred to another officer by cash or depositing it into the exchange account by withdrawing the money transferred to another officer by cash or depositing it into the exchange account.

(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend, store, deliver or distribute access media for electronic financial transactions with the knowledge that such media is to be used for any crime or to be used for such crime;

Nevertheless, on April 30, 2015, the Defendant received a copy of the cash card connected to the account in the name of Kwikset service article in the name of one bank (AO) and stored it.

As a result, the Defendant, in collusion with a named telephone financing broker, has kept access media for electronic financial transactions while being aware that it will be used for a crime or for a crime.

B. On April 30, 2015, at around 10:30 on April 30, 2015, an employee in charge of telephone financing fraud misrepresented a victim's cell phone with a cell phone in Seoul Central District AP, thereby leading to a single part of AP investigation into high-tech crimes. "AR created a large passbook under the name of AP and sold merchandise coupons to the Internet-based house, market, etc., and deposited money into the large passbook. Since the sender was not sending the goods, since the personal information of AP was leaked, it is possible for AR to deduct money from all passbooks of AP, and the investigation is conducted in cooperation with the Financial Supervisory Service.

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