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(영문) 서울서부지방법원 2019.10.02 2019고단2623
사기등
Text

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

Seized evidence 1-3, 6-9 shall be confiscated.

Reasons

Punishment of the crime

The organization of the Bophishing fraud is an organization that commits a crime by deceiving victims and by deceiving money through a false phone to many unspecified victims, and the role of the Bophishing organization is shared, such as a total book that supervises the organization of Bophishing, a general book that controls the collection and collection of means of access, a cash withdrawal and a collection book, and is operated in the form of an organization.

On May 2019, the Defendant: (a) received a proposal from the Hasingman’s staff to “I will withdraw the amount of damage from the Hasingishing with a physical card to pay it for 4% of the remittance amount if transferred through a money exchange establishment; and (b) conspired to participate in the singishing 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, the Defendant, on June 26, 2019, kept the Cbank Card (D) in the name of a non- male for the purpose of withdrawing the amount of damage from the scam in Daegu and below Daegu, from that time on July 29, 2019, and kept five copies of the C Card as indicated in the attached Table (1), from that time to July 29, 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 June 26, 2019, the 22:30 M2: (a) the 22:30 of the 22:30 of the 2019 F text messages to the victim E using the F text messages; and (b) the 1,500,100 won was remitted from the victim to the C Bank Account (G) account in the name of B at around 22:32 of the same day.

However, even if the above employee receives money from the victim, he/she shall have the intention or ability to act on behalf of the victim.

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