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(영문) 수원지방법원 안산지원 2020.01.09 2019고단2675
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall lend a means of access, or keep, deliver or distribute a means of access, knowing that such means will be used for any crime;

Nevertheless, on August 2018, the Defendant: (a) sent a card to the first floor of the Silung-si Building B, with the intention to receive the fee, and (b) sent one physical card connected to the Defendant’s name bank account (Serial C) from the first floor of the Silung-si Building B at Silung-si, with the intention to receive the fee.

Accordingly, the defendant knowingly delivered a means of access to a crime to a person who is not aware that it would be used.

2. On February 12, 2019, the Defendant received a proposal from an employee in charge of the scaming (hereinafter “person without a name”) on his/her name and accepted the proposal that “to inform the account number, and to grant 1% of the amount of money transferred from the said account to another account at the time of transferring the money deposited in the said account to another account.” At that time, the Defendant informed “D”, the account number of one bank account holder of the Defendant’s name.

On February 18, 2019, at least 10:30 on February 18, 2019, the person who was unaware of name made a false statement to the victim E that “to obtain a loan at a low interest rate, he/she shall repay the existing loan.” On the same day, he/she received 6,015,000 won from the above victim to the above bank account in the name of the defendant.

On February 18, 2019, from around 16:51 to 18:05, the Defendant withdrawn KRW 6,010,000 from the above account under the name of the Defendant and remitted KRW 5,70,000 to the Agricultural Cooperative (G) account in the name of the F.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of E and H;

1. Application of Acts and subordinate statutes to a detailed statement of entry into and departure from the Republic of Korea, detailed statement of transactions, and report on internal investigation (including documents attached to personal data, etc

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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