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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant intended to commit a telephone financial fraud (tentatively called “scaming”) that takes money by deceiving a large number of unspecified victims from the call center office located in the Philippines, in accordance with the proposal of the total liability (one name “D”, hereinafter referred to as the “total liability”) on the names and incompacts (hereinafter referred to as “D”) in which he resides in the Philippines, and that the Defendant conspired to take the role of withdrawing the money wired to another account under another person’s name by cash and remitting it to another account that is managed by the total liability.
1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall borrow or lend the means of access, or keep, deliver or distribute the means of access, knowing that such means are to be used for a crime or to be used for a crime;
Nevertheless, around May 2, 2016, the Defendant received two copies of the check-based bank account (F) in the name of E, a means of access, and the check-up account (G) connected to the new cooperation account, and kept them for the purpose of using for the crime, even though he/she knew that they were used for the above call-up crime.
Accordingly, the defendant, knowing that he will be used in the crime, kept the means of access from the total liability in his name.
2. On May 3, 2016, in accordance with the above conspiracys, the incentive that was under the direction of the general responsibility around May 3, 2016 was made by phone call to the victim H, and the victim’s false statement to the effect that “I will do harm to the children if I did not pay the money. I tried to do so.” The victim’s new bank account in the name of E on the same day.