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(영문) 서울남부지방법원 2018.03.14 2017고단4782
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 8 shall be confiscated.

Reasons

Punishment of the crime

1. The crime organization of fraud by telephone and financial fraud consists of an organization composed of a total liability, a person who assumes the identity of an investigative agency and a financial institution and makes a false phone call to the victims, a person who takes charge of withdrawing and delivering the remitted money by the victims, a person who delivers a means of access, such as a cash card to be used by the said withdrawal book, a card delivery book, and a remittance book that transfers the acquired amount to another assistant staff or a person who transfers it to a foreign country.

The name Buddhistist provided an account to be used for a crime by collecting a passbook and an OTP creation machine and informing the total account number to the defendant, by misrepresenting the employees of the financial institution, such as C, in the absence of the name name, and the defendant provided the account to be used for the crime by notifying the general account holder of the account number. In the event that the above person without the name deposits the amount of damage through the above account, the defendant immediately informed the name Buddhistist through D Messen to transfer the amount of damage.

On September 20, 2017, at around 12:23 on September 20, 2017, the person in whose name the victim was named is called "CF team leader".

A false statement stating that the repayment of KRW 10 million among the existing loans can be made up to KRW 43 million, and the Defendant received the head of Tong and OTP creation machine connected to G’s post office account (H) from a person in an irregular situation at that time and notified him of the above account number to the person in an irregular name.

Thus, on September 21, 2017, the person in whose name the defendant was in possession of the defendant, who received the transfer of 10 million won to the above post office account (H) around 13:49.

The identification number of the OTP producer was transferred to a person who is not a name, and the person who is not a name has acquired it by means of remitting it to a numberless account.

As such, the Defendant, by facilitating the so-called “singishing” fraud of a person who was unable to obtain his/her name, has committed a crime.

2. Any person who violates the Electronic Financial Transactions Act shall be registered with a cash card or a password used for the cash card, which is an access medium in electronic financial transactions, and with a financial institution;

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