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(영문) 인천지방법원 2018.01.25 2017고단7631
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for a crime;

Nevertheless, on August 27, 2017, the Defendant: (a) instructed to lend the physical card, etc. to the food service personnel, etc.; (b) searched the “ through-sale” on the Internet; (c) contacted the food service personnel in the name of the Defendant to contact with the food service personnel in the name of the Defendant to receive KRW 500,000 per week; and (d) lent the physical card, etc. under the name of the Defendant.

On August 28, 2017, around 15:30 on August 28, 2017, the Defendant: (a) notified the Defendant of the e-mail card and the OTPP card connected to the Saemaul Treasury Account in the name of the Defendant, and received KRW 500,000 in return.

Accordingly, the defendant, knowing that he will be used for crime, lent the access media to financial institutions.

2. The defendant's name in collusion with the employees of the phishing operations, and his name in collusion with the defendant would allow the victims to borrow the loan at a low interest when he remitted the existing loan to the victims.

The victims were forced to transfer the amount of damage to the victims, and the defendant provided an account to receive the amount of damage from the victims.

On August 30, 2017, 10:00 on August 30, 2017, she assumes a new bank E agency at a place where the location of light is unknown, and calls to the victim C to “on remittance of existing loans, she will make a substitute loan up to 2.5% at the interest rate of 40 million won.

“Along with the false statement, the victim transferred KRW 10,00,000 to the Saemaul Treasury’s account (F) in the name of the Defendant, and the Defendant provided the said account to the victim with the knowledge that the said Saemaul Treasury’s account will be used in Bosing.

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