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(영문) 서울남부지방법원 2019.01.16 2018고단5373
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The telephone financial fraud criminal organization consists of a total amount of responsibility, such as inducing the victims of the illegal act, inducing them to make a false phone call, withdrawing and delivering the remitted money by the victims, collecting and delivering the means of access such as the check card to be used by the above withdrawal, and cash transfer that plays the role of remitting the acquired amount to foreign countries through the method of recovery such as recovery.

The Defendant, using BAD’s name-free telephone financial fraud assistance officer, proposed that “The Defendant will pay 300,000 won per day to the designated account by withdrawing the money deposited in the relevant account from another person’s name,” and conspired to collect the e-mail card used for the crime of Bophishing and withdraw the e-mail from the e-mail card, and then deposit the e-mail card to the account designated by the said e-mail.”

1. On October 10, 2018, an employee of the telephone financial fraud assistance in the name of fraud calls from the victim D and misrepresents himself/herself to the E bank staff and falsely assumes that “If an existing loan has been repaid, he/she would have to open the E bank passbook up to 25 million won.” The victim received three million won from the victim to the E bank account in the name of F bank account at around 15:30 of the same day, and the Defendant collected the money under the above “C”’s order, and then, the Defendant received the money from the victim in collusion with the victim by withdrawing two million won from the H branch in the E bank operation Dong of the E bank in Incheon Gyeyang-gu, Incheon at around 15:59 of the same day by withdrawing two million won from the E bank operation credit card in the name of the E bank that was kept.

2. Any person who violates the Electronic Financial Transactions Act shall keep, deliver and distribute a means of access with the knowledge that the means of access is to be used for any crime or to be used for any crime.

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