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(영문) 서울서부지방법원 2019.05.08 2018고단4117
사기방조등
Text

A defendant shall be punished by imprisonment for up to seven months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In using and managing the means of access, no person may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act;

Nevertheless, on July 2018, the Defendant received a proposal from a person who is unable to specify his/her name in order to provide him/her with KRW 500,000 per day when he/she lends his/her name to a person who is unable to use his/her seat card, and subsequently lent the means of access by providing the person who is unable to know his/her name on the road in the vicinity of his/her subway rolling stock area in Seoul Special Metropolitan City Nowon-gu, Nowon-gu on July 3, 2018 with a check card connected to the bank account (Account C) opened in the name of the Defendant and providing him/her with a password that can identify his/her banking business by informing him/her of the password that he/she can read the bank business, such as entry, transfer, etc. using the check card.

2. A person who is unable to specify the fact of fraud shall not only be an employee of a financial institution but also not only have the intent or ability to obtain a loan, but also have an unspecified number of people receive a loan by telephone, thereby committing a crime of telephone financial fraud (the so-called “scaming”) by deceiving money from them. On July 3, 2018, a person who introduced a victim D by telephone to the victim as an employee of a financial institution called “E” and introduced him/her as an employee of the financial institution on July 3, 2018, to the effect that he/she would be able to make an additional loan to repay the existing loan,” and a person who believed that such speech and behavior is true shall, around July 16:08, 2018, let the victim, who is not able to specify his/her name as stated in the above paragraph (1), remit 5.9 million won to the Defendant’s account lent to the victim’s account, and on July 26, 2018:

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