2015 Highest 1985 Fraud, Violation of Electronic Financial Transactions Act

A

Preliminary (prosecution) and police officer of the Republic of Korea (Trial)

Attorney B (Korean National Assembly)

August 26, 2015

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

Criminal facts

On June 2013, the Defendant: (a) delivered a cash card, etc. from a person with no name, who is the general responsibility of the telephone financial fraud organization at the time, through the Defendant’s friendly relationship C, which was in China; (b) released the money acquired by the victims through the method of scaming; and (c) remitted the money to the account designated by the victims; and (d) conspired with the above C and a person with no name, to receive 2-3% of the remittance amount in return.

1. Fraud;

On June 18, 2013, the Defendant, together with C, took over the passbook and cash card, such as the bank account (1005-202-273969) opened in the name of the limited company, by the following: (a) around June 18, 2013, the Defendant, at the Changwon bus Terminal Cargo Terminal, sent by the winners of the name in the Changwon bus Terminal's sale of the window at Changwon-si Branch; and (b) around that time, the Defendant took over the passbook and cash card, such as the bank account (1005-202-273969) opened in the name of the limited company; and (c) then, (d) the Defendant, at this time, took over KRW 3,353,00 from the victims by c,353,

After that, the Defendant and C received the order of withdrawal and remittance of the amount of damage caused by fraud from the person who was not aware of his name through the textbook, and acquired the total amount of KRW 30,876,000 from the victims, in collusion with C, to June 20, 2013, by using the cash automatic withdrawal machine located in the office, the office, the office, and the office, the office, and the office, the office, and the office, the office, and the office, and the office, the office, and the office, and the office, and the office, and the office, and the office, and the office, and the office, and the office, in collusion with the victims, received the total amount of KRW 30,876,00 from the victims.

2. Violation of the Electronic Financial Transactions Act

On June 18, 2013, the Defendant, together with C, received the account passbook, cash card, etc. in the name of the above limited liability company, which sent by the bearers of the name in the number of express buses, as described in paragraph (1) at the cargo center of the original bus terminal around June 18, 2013, as well as the receipt of the account passbook, cash card, etc. in the name of the above limited liability company from around that time to June 21, 2013.

Accordingly, the Defendant acquired the means of access to electronic financial transactions in collusion with a name-free box or C.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol and statement by the prosecution concerning C;

1. Each police suspect interrogation protocol regarding E;

1. Statement of seizure of each police;

1. An investigation report (Attachment of search and seizure data, such as details of financial transactions), an investigation report (verification of details of remittances of accounts in our bank under the H), and an investigation report (victim's reporting by telephone reception);

1. Response to financial information, reply to each request for financial transaction information, notification of the current status of financial transaction, and application of statutes to the provision of financial transaction information;

1. Article applicable to criminal facts;

Articles 347(1) and 30 of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

[Extent of Recommendation] Class 1 (less than KRW 100 million) and the mitigation area (one year to two years)

[Special Mitigation] Scope of final sentence due to aggravating multiple types of crimes: The sentencing criteria is not applied since the crime of fraud setting the sentencing criteria and the crime of violating the Electronic Financial Transactions Act, which are concurrent crimes under the former part of Article 37 of the Criminal Act, which are not set up. However, the lower limit is based on the lower limit set forth

【Determination of Sentence】

The crime of this case was committed in a way that the defendant participated in the scam crime that is planned and organized for many unspecified persons, and was committed as a cash withdrawal measure, and it was not good to the nature of the crime, and did not recover from damage to the victims. However, considering the favorable circumstances such as the fact that the defendant's mistake is against the defendant, there is no criminal record exceeding the fine, and the defendant's profit acquired from the crime of this case seems to be much smaller than the amount acquired through the crime of this case, the degree of the defendant's participation, the amount of damage of this case, and the balance with the sentencing (one year and six months) against the accomplice, the punishment of this case shall be determined as ordered by the order.

Judges Senior Presiding Judge