Text
Defendant
A and C shall be punished by imprisonment with prison labor for up to two years and six months, and by imprisonment for up to one year and six months.
Nos. 1 through 17, of seized evidence.
Reasons
Punishment of the crime
"2015 Highest 4564"
1. The Defendants’ status and the planning financial fraud organization of the crime committed by the call center in China refer to false information by telephone to many and unspecified persons in Korea while operating the call center in China, and the organization is responsible for planning and instructing the commission of the crime of deceiving money by means of the remittance of money from the persons, the personal information, account, and password from the above persons, and the method of withdrawing deposits by using the aforementioned method (hereinafter referred to as the “coling”), and also sharing the roles such as the “ recruitment scheme” that solicits physical cards, etc. in the form of an organization of occupation for the commission of the above crime, the “communication scheme” that delivers it, the “book” that withdraws money transferred from victims, and the “transfer account” that re-transfers it.
Defendant
A, B은 중국 전화금융사기조직원 성명불상자(일명 ‘H’ 또는 ‘I’)로부터 중국 인터넷 메신져 ‘위쳇’ 등을 통한 지시에 따라서 속칭 ‘대포카드’를 건네받아 현금을 인출하여 송금해 주면 인출 금액의 7%를 주겠다는 제의를 받아들여 현금 인출 및 송금책의 역할을 하기로 하였고, 피고인 C은 위 성명불상자로부터 ‘대포카드’를 양수하여 피고인 A 또는 피고인 B 등 인출책에게 건네주거나 인출책들로부터 받은 돈을 송금해 주면 인출 금액의 6%를 주겠다는 제의를 받아들여 전달책 및 송금책의 역할을 분담하기로 하였다.
2. No person who violates the Electronic Financial Transactions Act shall transfer or take over a means of access used in electronic financial transactions, acquire or lease a means of access, or keep, deliver or distribute a means of access knowing that it is intended to use the means of access for a crime or intended to be used for a crime, unless otherwise provided for in any other Act;
Nevertheless, the Defendants are in the above plan.