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(영문) 대전지방법원 천안지원 2019.10.28 2019고단380 (3)
사기방조등
Text

A defendant shall be punished by imprisonment for not less than eight 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

"2019 Highest 380"

1. No person who violates the Electronic Financial Transactions Act may transfer a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Around September 18, 2018, the Defendant and B, and C have access to D and telephone financial fraud assistance officers, transferred the e-mail card necessary for telephone financial fraud to them, and offered to withdraw the amount of damage from the e-mail assistance officer first when the e-mail damage amount is deposited into the account connected with the e-mail card.

On September 18, 2018, the Defendant and B, and C agreed to contact the non-name telephone financial fraud assistance staff with each other and transfer the physical card to the above non-titled person. On September 19, 2018, the Defendant and C transferred the physical card to the above non-named person using Kwikset through Kwikset’s service. D transferred the physical card connected to D’s bank account (Account Number: Account Number: G) and H bank account (Account Number: Account Number) at a place where it is not known from the Suwon-si on September 19, 2018.

Accordingly, the Defendant, in collusion with B, C, and D, transferred the means of access.

2. The Defendant conspired with the victim B, C, and D and transferred two physical cards to the victim under his/her name despite being aware that the physical cards were used for the crime, such as telephone financial fraud, etc. on September 19, 2018. The nameless victim called the victim J at a place where it is not known on September 19, 2018, and made a false statement that “When sending money to K L, he/she would create a transaction performance and lend money at a low interest rate of KRW 3 million to the above H bank account in the same day from the said victim.” On September 20, 2018, the Defendant was transferred KRW 1.6 million from the said victim to the said H bank account in the name of D on the same day. On September 20, 2018, the Defendant continued to contact the victim M using the cell phone “E Ma”, and transferred the phone to E with the victim’s children, and it was necessary to deposit the phone into E.

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