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(영문) 부산지방법원 2020.06.04 2020고단429
사기방조등
Text

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

Reasons

Punishment of the crime

On June 2019, the Defendant: (a) proposed to the effect that “one-time money was exchanged from a casino or an enterprise; (b) he would bring 40-50,000 won to a designated account after withdrawing cash by using a dial card; (c) the Defendant was aware that the act of the said in-house purchaser constitutes a crime of telephone financial fraud; and (d) as he was instructed by Kwikset Service’s article to receive money, he would receive money, and then remitted money to the designated account using the dial card, or deliver the dial Card to another person with another name in-house name, to facilitate the commission of the crime of telephone financial fraud by using the dial Card.

1. No person who violates the Electronic Financial Transactions Act shall knowingly use or manage the means of access for any crime, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor;

Nevertheless, around July 1, 2019, the Defendant, at the Busan High-speed Terminal located in Geumpo-dong, Busan High-gu, Busan, under the direction of the person without his name, promised to receive compensation from the person with no name despite being aware that he would be used for the Bokseting crime, and kept a physical card in connection with D’s bank account (F) via Kwikset service article, and kept the physical card under the name of another person from July 22, 2019, from that time until July 22, 2019, by delivering the physical card under the name of another person from that time.

Accordingly, the defendant committed an act of using a means of access, knowing that he would be used in the crime, and kept the means of access.

2. Telephone financial fraud by fraud.

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