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(영문) 인천지방법원 2017.04.14 2017고단1299
사기방조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 18, 2016, the Defendant violated the Electronic Financial Transactions Act (including a password) around 17:30 on November 18, 2016, via Kwikset service in X, issued a physical card (including a password) connected to the Defendant’s name to the Defendant’s Saemaul BankY account.

2. The Defendant has had the record of being sentenced to the suspension of indictment on three occasions due to the suspicion of violating the Electronic Financial Transactions Act, and if he transfers the account to a person without the name, he/she is aware that the account would be used for the crime of fraud, he/she is willing to transfer his/her access media connected to the account in the name of the Defendant to the person without the name, despite being aware that the account would be used for the crime of fraud. On November 18, 2016, as described in paragraph 1, he/she transferred his/her physical card and password connected to the Saemaul Treasury account in the name of the Defendant to the person with the name in secret, and the name in secret assumes the name in secret with the investigator of the Seoul Central District Public Prosecutor's Office by telephone to the victim Z on November 29, 2016, and “A was involved

It is false to say that all the money in a risk-based account is deposited and designated by withdrawing information, and that it was issued by the victim to remit 3.9 million won to the account in the name of the defendant on the same day.

As such, the Defendant, by transferring the access media that will be used for the crime of fraud to a person with no name but to a person with no name, made it easy for a person with no name to deception 3.9 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police concerning the Z;

1. Details of transfer, and response to financial information;

1. Application of Acts and subordinate statutes to each investigation report (to attach written opinions, etc. on similar cases A to the suspect, and to file records, such as indictments for the same case A);

1. Article 49(4)1, Article 6(3)1, and Article 347(1), and Article 32(1) of the Criminal Act (a) of the Act on the Protection, etc. of Specific Economic Crimes (a point of transfer of access media), and Article 32(1) of the Act on the Protection, etc. of Specific Economic Crimes (a point of aiding and abetting fraud).

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