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(영문) 대구지방법원 포항지원 2013.11.14 2013고단979
사기방조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2013, the Defendant sent text messages to the effect that “a loan is possible without conditions,” and explained that “a copy of the passbook in his/her name, e-mail card, identification card copy, and resident registration copy is required to be given by posting the message using the phone number for sending the message. It is possible to lend KRW 5 million to Kwikset service.”

The defendant knew that the above goods are used for the licensing, and when sending the above goods to the defendant's account under the name of the defendant, he thought that the money was transferred to the defendant's account, he did not want to withdraw the above goods first than the voice phishing fraud.

2. Criminal facts;

A. On July 21, 2013, the Defendant violated the Electronic Financial Transactions Act, around 11:00, transferred a copy of the passbook related to the Agricultural Cooperative (C) accounts in the name of the Defendant via Kwikset Service, and eckset cards to the Defendant.

Accordingly, the Defendant transferred the means of access.

B. The Defendant, who committed fraud, was above.

At the same time and place as set forth in paragraph (C), a copy of the passbook, physical card, etc. related to the Agricultural Cooperative Account in the name of the Defendant was transferred to the Defendant, knowing that the product was used for the Bosing, to the Defendant’s nameless phishing fraud.

On July 22, 2013, 2013, the nameless phishing frauds called "Seoul Yang Dong Dong Do, which caused deposit in the name of DC, all of which is the name of D. In order to prevent damage for account use, the bank must set up security in order to prevent damage for bank account use, and 20 million won is remitted."

However, there was no risk that the account of the victim will be stolen, and there was no need for KRW 20 million to prevent the damage.

On July 22, 2013, 200,000 won was transferred from the victim to the said NongHyup account in the name of the defendant around 14:26 on July 22, 2013.

This is the defendant.

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