2019 Highest 1055 Fraudulent Assistance, Violation of Electronic Financial Transaction Act

A

Kim Charter (Lawsuit) and Court Decision (Court Decision)

Attorney B (Korean National Assembly)

July 24, 2019

A defendant shall be punished by imprisonment for one year.

Criminal facts

1. Frauding;

On June 11, 2018, the Defendant: (a) received the check card from a third party’s staff member from a third party, and withdrawn cash using the check card; and (b) received a proposal that “if the withdrawn cash will be deposited into the account directed by the person who received the check again, he would give KRW 100,000 per day to the account he instructs the person who received the check.”

On June 14, 2018, 10:52 on June 14, 2018, 10:30 won, the Defendant misrepresented the victim D’s Meet G with the Internet CMeet, thereby making payment to the victim at least 17:00,000, the money was paid to the victim at least 5,960,000 won with the H bank account (I) at the place where the location cannot be known at around 11:14 of the same day, and 13:35 of the same day, and 6,030,000 won from the J-registered Nong Bank (K) account at KRW 11,90,000,000 from 20:5,000 won, and the Defendant, under the name of the victim, from 16:30,000 won to 16:5,000 won from the K Bank’s account to 14:15,200 on June 14, 2017.

As a result, the Defendant aided and abetted the crime of fraud of those who did not know the above-mentioned method by facilitating the above-mentioned persons from deceiving the victim and receiving property.

2. Violation of the Electronic Financial Transactions Act

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend a means of access, or keep or distribute a means of access knowing that such means are to be used for a crime or to be used for a crime.

After accepting the proposal as referred to in paragraph (1) on June 11, 2018, the Defendant received from Kwikset a copy of the check card connected to the bank account (Account Number: I) under the above H, which is the means of electronic financial transactions sent by the financial fraud organization in the vicinity of the North East-dong public market in Changwon-si, Changwon-si.

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A copy of the invoice of the case (H);

1. The application of statutes to the contents of the Messen dialogue, the results of transfer processing, and the CCTV video data withdrawn in cash;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 32(1) of the Criminal Act; Articles 49(4)2 and 6(3)3 (a) of the Electronic Financial Transactions Act (a point of keeping access media) of the Electronic Financial Transactions Act; and the choice of imprisonment, respectively,

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting fraud at the time of sales)

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: The fact that the defendant recognized all of the crimes in this case and divided, the acquired profit cannot be deemed to be the maximum amount, and there is no record of the same crime.

○ Unfavorable Circumstances: The instant crime is an essential assistance to Bosing, which is a planned systematic and intelligent fraud crime, and whose nature of the crime is not very good, and the victim is not able to recover from actual damage.

○ Other conditions of sentencing, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per Disposition, comprehensively taking into account.

Judge Kim Jong-soo