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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 15 shall be confiscated.
Reasons
Punishment of the crime
The organization of Bophishing fraud is an organization that commits a crime by misrepresenting a financial institution by misrepresenting a large number of unspecified victims by deceiving the victims by fraud, and by deceiving money, and each role is shared, such as a total book that supervises the organization of Bophishing, a general book that supervises the organization of Bophishing, a bill to collect and collect means of access, and a cash withdrawal and collection book.
On July 2019, the Defendant received a proposal from the scaming staff to “in the event of collecting and delivering a scam card, to pay 100,000 won per time, and 2% of the remittance amount in the event of withdrawal and transfer of cash with the scam card,” and conspired to participate in the scaming crime by accepting it.
1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access used for an electronic financial transaction for a crime or knowingly be used for a crime, or keep, deliver or distribute a means of access;
Nevertheless, around 23:00 on July 23, 2019, the Defendant: (a) collected and kept the Cbank Card (D) in the name of B for the purpose of withdrawing the amount of Bosing damage, and (b) received and kept the Cbank Card from July 25, 2019 until July 25, 2019.
Accordingly, the Defendant kept the means of access used in electronic financial transactions in collusion with the employees in the name of the accused, knowing that they will be used for the crime.
2. On July 24, 2019, at around 09:10 on July 24, 2019, the singishing employee in the name of fraud assumes the name of F employee E by calls from the victim E, and “a loan of KRW 20 million may be granted, but for this purpose, prior loans shall be repaid.” The term “a loan of prior loans in the account designated by C shall be forwarded with money to be repaid.” This term is the name of B around 17:32 on the same day from the victim.