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(영문) 서울서부지방법원 2020.03.25 2019고단1716
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 (Seoul Western District Prosecutors' Office 2019. 897) shall be confiscated.

Reasons

Punishment of the crime

[2019 Highest 1716] The name-free person is a singishing employee who assumes a phone from an unspecified number of unspecified victims to call to a financial institution and deposit the damaged amount to a financial institution, and the Defendant is a “cash withdrawal” who withdraws the deposited amount.

1. Violation of the Electronic Financial Transactions Act related to the physical card in B and aiding and abetting fraud;

(a) No person who violates the Electronic Financial Transactions Act may knowingly use and manage the means of access to a crime, retain the means of access;

Nevertheless, on January 16, 2019, at around 09:20 on January 16, 2019, the Defendant received from an employee of the non-indicted C in Songpa-gu Seoul Metropolitan Government a G association cream card (H) in the name of the Dong connected to B’s account in the name of the E Bank (F) in Songpa-gu, Songpa-gu, Seoul, and kept it in the knowledge that it would be used for the singishing crime.

B. On January 11, 2019, the name omitted of the organization that caused fraud shall not be paid KRW 5 million from the victim’s bank account in the name of B around January 16, 2019, stating that “In order to obtain a low interest rate loan, the victim shall pay money to the account he/she has to repay the loan to him/her in order to obtain a low interest rate.”

On January 16, 2019, the Defendant, at around 13:28, 2019, released 5 million won of the victim’s money from the above E-bank account from the E-bank located in Songpa-gu Seoul E-bank by using the above E-bank body card, and then delivered 4.9 million won after deducting 100,000 won of the fee to the non-exploit male under the underground road located in Songpa-gu Seoul Olympic Games on the same day on the same day.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

2. Violation of the Electronic Financial Transactions Act related to the physical card in the name of K and aiding and abetting fraud;

(a) Any person violating the Electronic Financial Transactions Act shall use the means of access.

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