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(영문) 서울북부지방법원 2012.12.21 2012고단2836
사기등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of ten months.

No. 8 through 13, 17, 18.

Reasons

Punishment of the crime

Defendant

A, on July 8, 2011, was sentenced to six months in order to commit a violation of the Petroleum and Petroleum Substitute Fuel Business Act in order to be sentenced to imprisonment on July 8, 201, and the execution of the sentence was terminated in the medical prison on November 3, 201.

Defendant

On August 2012, A agreed to conduct a telephone fraud crime (hereinafter “Singing crime”) with two Chinese persons on his name in the Chinese Cheongdo in China (hereinafter “JJ”), K, and two Korean persons on his name in the name in the Chinese Cheongdo in August 2012. On September 2012, A obtained Defendant B’s consent by suggesting that Defendant B was defective in committing the singing crime. After having taken over the bank passbook, cash card, etc. through Kwikset service articles, the Defendants agreed to withdraw 10% of the money transferred by the victims of the singing crime to the above accounts in cash, and then transfer the remainder 90% to the accomplices in China.

1. Violation of the Electronic Financial Transactions Act;

A. On October 24, 2012, Defendant A received passbook and cash cards from the accomplices in the name of China from the Okwikset service article and notified Defendant B of the place to receive them. On October 24, 2012, Defendant B received the passbook (N and No. 8), cash card (No. 7), and cash card (No. 9) from the Okset service article in the name of the M Bank of Korea (P, No. 9) in the name of O, from the Okset service article, around 1:30 on October 24, 2012.

Accordingly, the Defendants, in collusion with J, K, etc., acquired the means of access to the passbook, cash card, etc. from others for electronic financial transactions.

B. On October 26, 2012, Defendant A informed Defendant A of the place to receive the passbook and cash card from his name-free accomplices in China after receiving the communication that he would receive from the Kwikwikset service engineer. Defendant B shall be vice versa around 11:35 on October 26, 2012.

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