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(영문) 서울중앙지방법원 2020.05.14 2020고단1991
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

The name impaired person is a total liability of a telecommunications-based financial fraud (one-time phishing) criminal organization that receives money from the victims by misrepresenting that he/she assumes an employee, etc. of a financial institution and stating that he/she would make a loan to an unspecified victim. The defendant is a remittance that plays the role of delivering cash cards and withdrawing money remitted by the victims using such cash cards after receiving a cash card from the victims under the direction of an employee of the above criminal organization.

On November 2019, the Defendant received mobile phone text messages to the effect that “the Defendant would pay the fee for the transfer of physical cards,” and on January 1, 2020, sent the above text messages to the police officer of the above criminal organization by contact with the staff of the criminal organization, who was sent the above text messages to the police officer on early January 2020, and that “the Defendant would pay 5 percent of the money deposited from the receipt of the check card in the name of another person and then transfer the money to the account designating the money.” The Defendant conspired with the above staff of the criminal organization in sequence by accepting the proposal.

1. In using and managing a means of access, no person who has violated the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising the use of or managing a means of access unless otherwise expressly provided for in other Acts

On February 24, 2020, the conciliation officer, who belongs to the telecommunications-based financial fraud crime organization, proposed that B receive a loan through a mobile phone text message and the Kakakao Stockholm, “I would like to receive a loan. However, I would like to send a cash card from a bank account under the name of the party, as I would receive interest on the loan. If I would like to return the cash card when I paid the loan in full, I would like to return the cash card.” On March 2, 2020, B sent Kwikset’s credit card connected to B bank account through Kwikset (Account Number: E) through Kwikset-si’s service around March 2, 2020.

On the other hand, the Defendant.

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