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A defendant shall be punished by imprisonment for two years.
The application for compensation filed by C shall be dismissed.
The defendant is an applicant for compensation.
Reasons
Punishment of the crime
"2013 Highest 2908"
1. The Defendant, even if depositing a personal check issued by a bank in Canada, was aware that the bank confirmed the face value of the check and received another person’s money by using the fact that the balance of the consolidated account requires three to five days to pay the amount.
On August 7, 2013, the Defendant reported that the victim G (the age of 53) posted a letter "$ 53" on the H bulletin board at the F coffee shop near the Young-gu E building in Suwon-si, Suwon-si, and made a false statement to the victim by phoneing "Bank Drft Check to be deposited first," and "a request to confirm it and deposit in Chinese currency."
However, in fact, since a check that the defendant deposited into the Canadian SCOI bank account of the victim is a personal check of the Montreal bank that I is the issuer and is connected to the account whose transaction has been suspended for about 3 to 4 years without balance, even if the defendant deposits it, the victim could not receive USD Canadian's face value of the check.
Nevertheless, the Defendant, using the international call call, deposited the check into the account of the victim; and then, by deceiving the victim to the effect that “the deposit of the check was made.” The Defendant received KRW 37,60,350, total sum of KRW 29,119,50, and KRW 66,779,850 from the victim’s account in the name of the Defendant on the same day, respectively, from August 7, 2013 to October 23, 2013, the Defendant received KRW 128,419,750 in total five times from the victims, respectively, as shown in attached Table 1.
2. A person violating the Electronic Financial Transactions Act is prohibited from transferring, acquiring, or establishing a pledge right to a means of access for electronic financial transactions. On October 23, 2013, the Defendant: (a) on October 23, 2013, the deposit passbook, password, and the account of a community credit cooperative in the name of Samsung-dong, Gangnam-gu, Seoul.