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(영문) 의정부지방법원 2016.10.31 2016고단3464
사기방조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendant violated the Electronic Financial Transactions Act: (a) received a proposal from an unqualified person to transfer a physical card, etc.; (b) transferred Kwikset Card, one copy, and a password connected to the new bank account (C) opened in his/her name before the two weeks of the same day, to an unqualified person via Kwikset Service Oba Articles.

2. The Defendant, despite being aware of the fact that he/she could be used in the scaming crime, transferred a cam card, etc. to a person with no name, as provided in the preceding paragraph.

On December 23, 2015, the name-freeist stated that “A person in charge of solomon Capital loan E, who intends to obtain a loan between KRW 100 through 20 million due to not good credit rating, must repay the existing loan” by phoneing the victim D, and that he/she received money from the victim with KRW 2,813,496,00 from the bank account in the name of the defendant on the same day.

B. Around December 23, 2015, a person who was unaware of his name made a false statement to the victim F by phone calls to the victim F, “KB Capital, if necessary, it is possible to obtain a loan to lend up to twenty-five million won, and then send a guarantee fee to the Credit Guarantee Fund.” The victim received 3888,2 million won from the victim’s bank account in the name of the defendant on the same day.

Accordingly, the Defendant attempted to induce the victims to defraud the total sum of 3,201,696 won by deceiving the victims, thereby aiding and abetting them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Each written petition;

1. Details of transfer;

1. Details of account transactions;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of means of access), Articles 347(1) and 32(1) of the Criminal Act, and the choice of imprisonment with labor for each type of crime;

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