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(영문) 서울중앙지방법원 2018.04.18 2017고단9098
사기방조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] On November 16, 2017, the Defendant was sentenced to imprisonment for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on August 16, 201, and the judgment became final and conclusive on the 28th of the same month.

[2] On August 1, 2017, the Defendant received a proposal that he would withdraw money by delivery of a check from a person who has no name but to transfer money to an account designated by the above person who has no name, and accepted the proposal.

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

On August 2017, the Defendant issued a physical card with C’s bank account (D) and a new bank account (E) with the physical card, which was put in custody by the person in the name of the phishing organization, in a non-disception of the name of the phishing organization, in a manner that the Defendant was issued with C’s bank account with C from the person in the name of the phishing organization.

Accordingly, the Defendant acquired the access media.

2. On August 19, 2017, the influor of the victim F’s name influorial aiding and abetting the morale of the victim F refers to the victim F by phone calling the victim F to the staff of E.S. Savings Bank, and falsely expressing that “The F.S. may lend money necessary for raising credit at low interest, thereby raising the credit rating.” The victim was transferred KRW 1.3 million from the victim’s new bank account in G name around the 23th of the same month, and KRW 2 million from around the 24th of the same month to the C.S. bank account in the name of H, respectively.

On August 24, 2017, the Defendant received a message from the person under whose name the money was deposited, and knew that the money was acquired due to a criminal act, etc., the Defendant released KRW 2 million from the point where the Korean bank was located in the Dasan-ro 104, Jung-gu, Seoul, to the H bank account and remitted the money to the account designated by the person under whose name the victim was not the victim’s name.

In this respect, the defendant is a person with no name.

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