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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.
Reasons
Punishment of the crime
[Criminal facts of the 2012 Highest 4246] Defendant A is a person engaged in credit business, Defendant B is a person engaged in sales business of clothing, etc.
A financial institution in the U.S. operates a loan product "hEOC" that takes place only on receipt of documents related to the loan application and confirmation of the intention of additional loan through telephone if a member who has purchased a house-backed loan product wants to obtain an additional loan.
However, the above "HEOC" has institutional defects that could easily cause fraudulent damage by means of name-use and change of identification number when the personal information of a financial institution is leaked. On April 201, 201, the name-free person, who recognized such institutional problems, proposed that the Defendants would pay 3% of the remittance amount in return for the recruitment of the account to the U.S. financial institution, if he/she solicits the Defendants to attract the title holders of the account necessary to prevent the crime of fraud against the U.S. financial institution.
Afterwards, the Defendants recruited account holders necessary for remittance, and then inform them of their account information, business registration information via telephone and e-mail, etc., and the said account holders using account information, etc. from the account holders transferred by the Defendants, submitted forged documents and overseas account transfer application as if they concluded a contract for goods export and import with the U.S. financial institution’s “HEOC” financial institution. Afterwards transfer of money, etc. from a bank located in the Republic of Korea from a U.S. financial institution to a bank located in the Republic of Korea from a U.S. financial institution, the Defendants made cash withdrawal of money borrowed from the U.S. financial institution after submitting the contract for goods export and import with the account holders, etc., and then deliver the remaining amount excluding 3% of the fee to the account holders, and the said financial transaction is a real transaction.