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(영문) 서울남부지방법원 2019.03.19 2019고단21
사기등
Text

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

Reasons

Punishment of the crime

An employee of the telephone financial fraud assistance in the name-based financial fraud is a person who acquires money by means of a tentative phishing phishing such as receiving money by calls from many unspecified victims, and the defendant A conspired to take charge of keeping the means of access, such as the physical card, and withdrawing the amount of damage by using the physical card, according to the direction of an employee in the name of the victim, and then remitting the withdrawn amount to the account designated by the said organization.

1. On November 22, 2018, the telephone financial fraud assistance employee in the name of fraud: (a) assumes the employee of the Korea Asset Management Corporation; (b) falsely speaks that the victim reported and contacted by sending a loan-related message to the victim B from the French site to November 22, 2018; (c) “A loan may be made up to 48 million won if a loan is paid as a deposit money by obtaining a loan by long-term card loan due to low credit rating; and (d) was deposited in the E-bank account (F) from the victim on November 22, 2018; and (c) received KRW 12 million from the victim on deposit on the same account on November 23, 2018; and (d) deposited KRW 9.6 million with the same account on November 26, 2018.

At around November 22, 2018, the Defendant received two e-mail cards linked to the E-bank account (F and G) in order to keep them in an unsound manner, and deposited 6 million won in cash from the E-bank branch located in Gangdong-gu Seoul Metropolitan Government to another E-bank (G) account in the name of Gangdong-gu, and deposited 8 million won in the name of another E-bank (G), and then withdrawn 6 million won in cash from the said account and remitted 3,957,000 won in cash until November 26, 2018.

Accordingly, the defendant, in collusion with a member of the telephone financial fraud assistance staff, deceivings the victim in a total of 39.6 million won.

2. Any person who violates the Electronic Financial Transactions Act shall aim to use or commit a crime with the aim of using and managing the means of access.

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