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The defendant shall be punished by imprisonment for 7 months with prison labor for each crime of fraud, and shall be punished by imprisonment with prison labor for each crime of violation of the Electronic Financial Transactions Act.
Reasons
Criminal facts
[2017 Highest 2547]
1. On May 4, 2017, when searching jobs on Internet portal sites, the persons without the name of fraud play a role in deceiving many victims by posting false articles on Internet portal sites and foreign car pages, and the Defendant posted a false name on the “F” bulletin while searching jobs on Internet portal sites;
The article, "inviting job withdrawal", was drawn up with a physical card to be used by a person who is not his/her name in return for the payment of KRW 300,000 per day from a person who is not his/her name, in order to withdraw criminal proceeds.
On May 13, 2017, the name Buddhistist stated that he/she would send a mobile phone of KRW 800,000 to the national bank account in the name of G by May 16, 2017, on the following grounds: “If he/she transfers KRW 800,00,000 to E” from among the NAV, a medium- and high-speed car page, the Internet, and then sold a phone of KRW 7,00,000 to the national bank account in the name of G.
Defendant: (a) deposited KRW 80,000,000,000 transferred from the injured party to the National Bank Account (Account Number: H) in connection with the above G’s bank account in the above G name (credit card number: I) as above on May 13, 2017; (b) deposited the money to the agricultural bank account designated by the person in non-name, by withdrawing KRW 80,000,000 from the Defendant’s automatic cash payment period in the name-based Women’s University located in Yongsan-gu, Yongsan-gu, Seoul; and (c) deposited the money to the agricultural bank account designated by the non-name-based person; and (d) recognized the date and place of withdrawal and deposit into the agricultural bank account designated by the non-name-based person as above without undergoing the amendment procedure to the indictment, and recognized
After all, the defendant, in collusion with a nameless person, acquired the property of the victim.
2. Any person who violates the Electronic Financial Transactions Act shall aim at or commit a crime;