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(영문) 대전지방법원 2018.01.25 2017고단610
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a password, passbook, etc. necessary for the use of the cash card, which is a medium access to electronic financial transactions issued by a financial institution;

Nevertheless, on July 21, 2016, the Defendant: (a) heard that the Defendant would transfer the account opened in the name of the Defendant from “B,” and (b) transferred the passbook, physical card, and password of the E bank account (Account Number F) opened in the name of the Defendant to the name in front of the D company located in Daejeon-gu, Daejeon; (c) transferred the passbook, physical card, and password of the E bank account (Account Number F) opened in the name of the Defendant to the name in front of the D company located in the Daejeon-gu, Daejeon; and (d) obtained a delivery of KRW 1,50,000 in consideration

2. Aiding fraud;

(a) On September 7, 2016, an employee of the telephone financing fraud assistance service who is named in the name in secret calls from the victim G to the victim G at a closed place on September 7, 2016 would create a Masp loan account even though he/she did not intend to grant a loan from the beginning.

In that sense, if the points of the loan examination fall short of the scores, it would be sufficient to repay to the account directly designated by another savings bank after receiving a loan from the other savings bank.

“A false representation was made.”

On September 13, 2016, the above person who was unaware of the victim, by deceiving the victim as above, received 30 million won from the victim E bank account (Account Number F) in the name of the defendant from the victim.

In order to assist the above person in committing the above crime, the defendant 20,000 won was deducted from the above E bank account and 50,000 won was withdrawn in cash, and then deposited the remaining 29,50,000 won into an unclaimed account designated by the above person who was not his name, thereby aiding and abetting the crime of fraud by facilitating the crime.

B. On September 2016, an employee in charge of telephone financing fraud by call to the victim H from the point of absence on September 2016, 2016, does not intend to grant a loan from the beginning.

To this end, another financial institution.

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