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(영문) 인천지방법원 2018.09.20 2018고단3651
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2015, the Defendant was subject to a disposition on July 15, 2015, on the charge of violation of the Electronic Financial Transactions Act that transferred the access medium connected to the Defendant’s name to another person for the purpose of certification for side business. On June 9, 2016, the Defendant was asked to pay KRW 2 million per head of the Tong, if he/she lends the passbook from a person who is not the name of the Seoul Southern District Public Prosecutor’s Office. On June 9, 2016, the Defendant received a proposal from a person who was sentenced by the Incheon District Court to a fine of KRW 3 million on January 11, 2017 for the crime of lending the access medium under the name of the suspect, and all of the access media sent to another person was used for the crime of phishing.

Nevertheless, from May 8, 2017 to May 9, 2017, the Defendant created a loan by piling up a credit rating when sending a e-mail card from the Defendant’s cell phone name in secret to his/her cell phone name.

The proposal accepted the above proposal, and around that time, sent the physical card connected to the Defendant’s name bank account (D) at the Dong cancer post office located in 15, Seo-gu Incheon, Seo-gu, Incheon.

After that, the fact that the person who was unable to use his name was transferred the money by deceiving the victim, and the defendant was planned to withdraw the money and receive the money, but the victim E opened a Maspbook for the people.

In the case of the Customer, since the opening of the passbook is difficult, it is expected that the passbook will be opened if it is repaid to the account (G) of the National Bank in the name of F.

“Along on May 16, 2017, the member was paid KRW 10 million to the national bank account in the above F’s name from the injured party.

On the other hand, a person who has no name has transferred 4 million won out of 10 million won deposited into the national bank account in the above F name to the defendant's name (D) and then the defendant has transferred 4 million won to the defendant's name.

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