2013 Highest 1493 Fraud, Violation of Electronic Financial Transactions Act

Ga00 (Resus, People of People's Republic of China, 1987)

Residential Suwon City

Kim Hero (Lawsuits) and Gongsat (Trial)

Law Firm Taesan

Attorney Kim Jong-ju in charge

July 3, 2013

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence1 to 5 shall be confiscated from the accused.

The charge of violating the Electronic Financial Transactions Act among the facts charged in the instant case is acquitted.

Criminal facts

1. On April 30, 2013, 201.4. 11:30, 201: (a) the false statement of false statement of fraud against the victim Lee 00 made phone calls to the victim Lee Dong-ro, Daegu-gu, Daegu-gu, about 30:0 on April 11:30, 201; and (b) after misrepresenting the police, “The other telephone was opened under the name of the party, and all of the moneys of the party account could be transferred to another place, so it is false that the passbook will be found to be a party house.” From 11:5 to 12:18, the victim made the victim to deposit the money KRW 1,50,000 in the new bank account of Taecheon-dong, Daegu-dong, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-do, and made the victim deposit KRW 1,500,000,000 in the aggregate with the account of the National Bank of 1,500,000 million won in the account.

On the same day, the Defendant sent 13:05 on 13:00 on 13:0,000 won to 5:0 on 13:00,000 won by using the cream card of 00,000 won, which was taken over as in paragraph (1), from the cash withdrawal for agricultural branch in Gangseo-gu Seoul Metropolitan City, Yero 8, 340, and 340,000,000 won.

As such, the Defendant, in collusion with those who did not know the name of the Bosing Fraud, acquired 35 million won from the victim.

2. On April 30, 2013, the person who was unaware of the name of the fraud fraud force against the victim Kim 00 may post a telephone to the victim Kim 00 located in Yeonsu-gu Incheon on April 14, 2013 and receive a low interest rate loan. To do so, the Financial Supervisory Service shall have the serial number and password of the security card in accordance with the instruction message, who takes over the serial number and password of the security card according to the instructions to register the personal account information to the Financial Supervisory Service, and then entered the serial number and password of the security card in accordance with the gold instruction message, using it, from the new account of the victim to Kim * * 3170,000 won from the new account of the victim to the agricultural bank in the name of Kim **

1.90,000 won was transferred to the agricultural bank account in the name.

On the same day, at around 15:53, the Defendant released KRW 3,170,00,00 from the name in the name in the Scam delivery book Kim**'s deposit of money to the Nocam account, and around 15:53 of the same day, from the cash withdrawal machine at the former branch of Guro-gu Seoul Metropolitan Government, Nowon-dong 89-138 Handong-dong, and from the cash withdrawal machine at the 138 Kcam branch, Kim * * the Agricultural Ccam card of *.

As such, the Defendant, in collusion with the false name winners of the Bophishing fraud, acquired 5,160,000 won from the victim.

3. On April 16, 2013, the person who was under the name of the fraud fraud team against the victim most Mascing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing the victim most Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing Mescing at Gangnam-gu Seoul, Gangnam-gu, Seoul, and “In order to lend 15 million won or more, the bank balance should be at least 30% of the loan, and it is necessary to confirm the balance, thereby entering the security card, etc. into the victim’s security card number and serial number, and using it, transferred KRW 2750,000,000 from the victim’s City bank account to the above Kim Mescing Me.

The Defendant was urged to withdraw the money from the name in the name in the Bosping delivery book Kim**’s deposit in the agricultural cooperative account. On the same day, around 16:07, the Defendant withdrawn KRW 2.74,00 with the No. 2740,000 from the agricultural cooperative card in Geumcheon-gu Seoul, Seoul at the additional 50-3 enterprise bank fashion operation place, such as paragraph 1.

As such, the Defendant, in collusion with the false name winners of the Bosing Fraud, acquired 3070,000 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the least 00;

1. The police seizure record and the list of seizure;

1. Each investigation report (specific, etc. of the facts damaged by fraud);

1. Investigation report (Confirmation of Damage Caused by Fraud);

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 30 (Selection of Imprisonment with Labor)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Grounds for sentencing

[Aggravationd Elements] The crime of this case was committed as a member of Bosing Fraudulent Group against an unspecified number of unspecified victims

[Scope of Recommendation] In light of the fact that the Defendant entered the Republic of Korea on July 1, 2012, when the Defendant entered the Republic of Korea on July 1, 2012, the contact by telephone and carried out the instant crime. However, in light of the fact that: (a) the Defendant played an important role in withdrawing the amount of fraudulent damage from the account and bringing it into the mail; and (b) the victim did not reach an agreement with the victim, etc.

Parts of innocence

1. Summary of the facts charged

In using and managing the means of access relating to financial institutions, no act of transferring or acquiring the means of access shall be prohibited.

A. On April 30, 2013: (a) around 00, the Defendant: (b) received contact from the Changdong subway Station of Jongno-gu Seoul, Jongno-gu in order to withdraw the amount of damage caused by singishing fraud; (c) obtained the communication of the delivery books of the Bosing Fraud fraud group; (d) Kim - a means of access to financial institutions related to the financial institutions that had been kept in the said place; (e) taken over the Nos. 1 and 1 and 00 No. 1 of the No. Agricultural Bank Account - one, each, respectively.

B. On May 5, 2013: around 50, the Defendant: (a) received contact with the delivery book of the Bospishing Fraud in order to withdraw the amount of damage caused by Bospishing fraud in front of the toilets in the Gangseo-gu Seoul Metropolitan Government Bospil Station; and (b) taken over a copy of the Hysping Account Card in the name of Espish-gu, the means of access to financial institutions, which had been stored in the goods, and one copy of the Hysping Account Card in the name of Espish-gu, the means of access to financial institutions.

2. In light of the fact that Article 49(4) of the Electronic Financial Transactions Act provides that the act of transferring or taking over a storage device in addition to the act of taking over or taking over the means of access (Article 49(4) provides separate elements for the act of borrowing or taking over the means of access (Article 49(2)), the "acquisition of the means of access" refers to taking the right to acquire or dispose of the means of access under Article 49(4)1 of the Electronic Financial Transactions Act on the basis of the transferor's intention, and it is reasonable to view that the act of taking over the means of access is not included in the act of taking the right to lease or taking the right to temporarily use the means of access, and such act of taking over the means of access is terminated at the time when the transferee takes possession of the means of access from the transferor (Article 2011Do14913, Feb. 9, 2012).

In this regard, there is no evidence to prove that the above members of the above Bophishing fraud team have received each of the above physical cards from the nominal holders of the above physical cards, and the above nominal holders have finally transferred the ownership or right to dispose of the above physical cards (it cannot be ruled out that the possibility that the above nominal holders have been leased or entrusted with the temporary use of the above physical cards under the pretext of the use of loans for the above nominal holders) and the third party has recruited the defendant to acquire the above physical cards from the above nominal holders.

In addition, the facts charged do not have any evidence to acknowledge that the defendant was in contact with the delivery books of Bophishing fraud, and that the defendant was in possession of each of the above goods, and that there was no evidence to acknowledge that the defendant directly transferred the above e-mail cards from the owner of the above e-mail (the statement of maximum 00 can be acknowledged that the e-mail card was sent to Kwikset service in order to obtain a loan on April 29, 2013, and there is no evidence to support that the e-mail card was stored directly in the storage box of each of the above goods. According to the investigation records of this case, the above e-mail card was transferred to the members of Bophishing fraud Group, and the above e-mail card was transferred to the members of the above e-mail fraud group, and then the above e-mail card was stored in each of the above e-mail card, and the defendant received contact with the above e-mail card and did not appear to have been delivered.

Thus, the above facts charged constitute a case where there is no proof of crime, and thus, they are acquitted under the latter part of Article 325 of the Criminal Procedure

It is so decided as per Disposition for the above reasons.

Judges Song Young-young