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(영문) 수원지방법원 성남지원 2017.10.19 2017고단684
사기등
Text

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

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

(e).

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, at around 12:30 on February 8, 2017, the Defendant received the above physical card from C, knowing that the physical card linked to the community service center account in Seoul Special Metropolitan City, Nowon-gu, was used for the crime of phishing, as described in paragraph 1, at the front of the community service center, which is located in the offset 2-dong, Seoul Special Metropolitan City, Nowon-gu.

Accordingly, the defendant knew that he will be used in the crime, and delivered the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. Application of Acts and subordinate statutes to inquiries about the results of transfer of damaged money;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Part concerning the crime under Article 62(1) of the Criminal Act (i.e., the violation and the absence of criminal records exceeding the fine)

1. The summary of the facts charged: (a) on February 2, 2017, the Defendant: (b) under the direction of a person without a name, who became aware of via the Internet job-seeking site; (c) sent a box containing a physical card to a member of the telephone finance fraud (hereinafter “ Bosing”); and (d) around February 8, 2017, upon receipt of a physical card connected to the Saemaul Treasury Account in the name of C from C, the Defendant sent it to the person without a name, on the same day; (d) on February 10, 2017, the Defendant misrepresented the victim E of a financial institution by telephone and was transferred to the victim at a low interest rate; and (e) on February 10, 2017, the Defendant was transferred KRW 2 million from the damaged person to the Saemaul Bank Account.

In this respect.

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