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(영문) 광주지방법원 순천지원 2020.06.11 2020고단528
사기방조등
Text

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

Seized evidence 1 (No. 4259) shall be confiscated by the District Prosecutors' Office in 2018.

Reasons

Punishment of the crime

[200 Highest 528]

1. On October 24, 2019, the person in charge of fraudulent aiding and abetting fraud assumes a person in charge of lending B company loans at a place where it is impossible to know the location on October 24, 2019, and calls from the victim C to the victim that “The existing loan may be repaid at an account designated by 5% per annum.” The victim was transferred KRW 7 million to the E bank account (F) account in the name of D on October 25, 2019, KRW 8780,000,000,000 to the H bank account in the name of G (I) and KRW 1578,000,000,000 from the victim.

On October 11, 2019 to December 12, 2019, the Defendant issued the passbook, check card, and OPT card connected to the KF account under the name of the Defendant, which was issued by the Defendant, to the following: “The 300,000 won per one week after transferring the check card connected to the account under the Defendant’s name,” from the Defendant’s name in the street near the king-ro 214, Dongdaemun-gu, Seoul Metropolitan Government (hereinafter “J”).

As a result, the Defendant: (a) transferred the means of access under the name of the Defendant so that the Defendants could commit the crime of fraud and conceal the amount received as above; and (b) assisted the Defendant by facilitating the fraud of the persons who received no name.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any means of access, such as an electronic card, which is used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, without justifiable grounds;

Nevertheless, on October 11, 2019 to December 12, 2019, the Defendant received a proposal from the above “J” that “The Defendant would transfer a physical card connected to the account under the name of the Defendant to KRW 300,000,000 in cash to the K Association (L) account in the name of the Defendant, and issued a passbook, check card, and OPT card connected to the name of the Defendant.”

Accordingly, the Defendant transferred the means of electronic financial transactions.

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