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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. In collusion with B, the Defendant received money from the victim C for the purpose of operating a sports soil site, and used it as debt repayment and gambling funds, etc., B made it a false statement to the effect that “The Defendant is preparing for the operation of a sports soil site in detail with the Defendant and the sports soil site in the Philippines, which is in need of operating funds, is necessary. If an investment is made, 30% of the operating earnings will be distributed to the Defendant.” The Defendant had the victim believe it by showing that the victim operated the sports soil site office in detailed office in the Philippines.
However, the defendant and B did not have the intent or ability to pay operating profits to the victim even if they received money from the victim because the defendant and B thought that they will be used as personal debt repayment and private sports entertainment funds.
Nevertheless, on December 26, 2014, the Defendant and B conspiredd with the victim and received KRW 15 million from the victim to the F Bank account (G) account in B around December 26, 2014, and acquired the victim by transfer of KRW 100,000,000 in total seven times from that time to March 31, 2015, as shown in the separate crime list.
2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access in using and managing the means of access;
A. On April 2014, 2014, the Defendant stated that “H, who is a branch of Haban in the Republic of Korea, via a mobile phone in the Philippines, has changed the account so that he/she can use the Internet banking in operating the net business and travelr in the Philippines,” and received the means of access by transmitting a passbook, an authorized certificate, etc. connected with H’s I bank account (J) from H through B.