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(영문) 수원지방법원 평택지원 2018.02.02 2017고단2391
사기방조등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Electronic Financial Transactions Act shall keep and deliver any access medium while knowing that such medium is to be used for a crime;

피고인은 2017. 9. 경 휴대폰 위 쳇 어플을 사용하는 성명 불상 자로부터 그가 택배로 배송하는 현금카드를 수령하여 보관하면서 지시가 있을 경우 보이스 피 싱 범행을 통해 송금 받은 계좌에 있는 현금을 인출하여 그가 지정하는 계좌로 송금해 주면 수고비를 주겠다는 제안을 받고 이를 수락하였다.

On November 15, 2017, the Defendant received four cash cards, respectively, linked to the bank account in the name of B (F), G (H), the new bank account in the name of B (H), the new bank account in the name of B (J), and the bank account in the name of K (L) and the national bank account in the name of K (L) account, as if the said person in fact assumes his/her employee and assumes up his/her transaction performance in order to borrow a loan.

B. On November 15, 2017, a person who is not eligible for fraud assistance makes a false statement to the effect that he/she calls the victim M with the victim M, thereby misrepresenting his/her modern capital staff, and “if he/she pays the existing loan to a designated account, he/she would make a substitute loan up to 30 million won at a low interest rate,” and then, he/she has the victim transfer three million won to B B’s new cooperation (F) account at around 17:33 of the same day.

In spite of the fact that the victim M& was aware of the fact that the amount of damage to the B’s account was deposited by the victim M& who was damaged by the said B’s account, the non-titled person continuously instructed the Defendant to ship the above amount deposited to the said B’s account, and then, the said money was withdrawn from the Korean bank account (O) in the name of the non-titled person designated by the non-titled person in the name of the non-titled person, around 18:10 of the same day, at a point of 543 (Distribution dong) in Seocho-gu Seoul, Seocho-gu, Seoul.

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