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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
Defendant and C and D are so-called cash withdrawals of international telecommunications financial fraud (hereinafter referred to as “scam”), which are composed of the organizations operating a call center at a remote area below China, operating a call center, inducing transfer of passbooks and deposits by telephone, and performing the role of transferring the passbook in Korea, and withdrawing and remitting the amount of damage. Under the direction of the person who was not registered in the Republic of Korea (hereinafter referred to as the “scam”), the employees in whose name is not registered, sent a certain amount of money to the Defendant and C and D, who are the cash withdrawals of Korea using the means of access such as the physical card, etc. using Kwikkset Service, etc., under the direction of the person who was not registered in the name of the person who was not registered in the Republic of Korea (hereinafter referred to as the “scam”), and the Defendant, C, and D deposited money from the above organization to China in order to withdraw the money in accordance with the above order of the person who was registered in the above organization.
1. No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access, or may borrow or borrow a means of access while demanding or promising to receive compensation therefor;
Nevertheless, around June 25, 2015, the Defendant, in collusion with C and D, received a physical card from E on the account (Account Number F) in the nameless Kwikset service provider near the new subway Station located in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu.
Accordingly, the Defendant, in collusion with the above C and D, acquired the means of access as above.
2. Violation of the Special Act on Fraudulent and Telecommunications-based Financial Fraud and Refund of Loss;
(a) the staff in charge of domestic singing operations in respect of the victim G;