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(영문) 서울남부지방법원 2015.10.08 2015고단2276
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In collusion with a named accomplice, the Defendant received money by deceiving those who are not related to the victim, including the victim by receiving money from bank accounts in the name of D, E and F, by suggesting that he would make loans to the victim C, and the Defendant would receive cash cards, account numbers, and passwords from the above accomplices in the name of the Defendant received from Kwikset service through Kwikset service, and then withdrawn money from those who are not related to the said cash card to the account connected with the said cash card, and then take the money into account the account issued by the above accomplices in the name of the Defendant.

1. No person who violates the Electronic Financial Transactions Act shall acquire a means of access used in electronic financial transactions unless otherwise specifically provided for in any other Act;

Nevertheless, around 10:00 on May 29, 2015, the Defendant received the cash card (credit card number) of the Gwangju Bank in the name D and the cash card and kept the means of access used for electronic financial transactions, such as the following: (a) around 10:00, the Defendant received the cash card and the account number, etc. connected to the cash card in the name of Kwikset through Kwikset’s telephone financial fraud group (hereinafter “Scam”) and received the means of access used for electronic financial transactions, with the knowledge that it will be used in the crime.

2. On May 29, 2015, the name inferer who belongs to the above telephone financial fraud group was called as follows: “Around 10:00, the victim C made a telephone call to the victim C, and “A loan will be extended from the highest interest rate of KRW 6 million to KRW 7,000,000,000, which is a part of the present loan, to H.”

However, even if the victim pays 3 million won to H, the victim did not have the ability or intent to lend 6 million won to H at low interest or 7 million won.

3.2

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