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(영문) 인천지방법원 2017.04.27 2017고단341

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2017 Highest 341] The Boscoping organization, which is managed by the general responsibility of name in a false manner, is an organization comprised of inducements by deceiving damage money from an unspecified number of victims by phoneing, etc., and the organization consisting of inducements by deceiving it from another person’s account in the name of another person who is entitled to receive the payment of damage money (hereinafter “Mascoping account”); delivery books of solicitation of large-scale account, check cards, etc. connected to the large-scale account, delivery books connected to the withdrawal book to deliver the withdrawal book; withdrawal of the damage money deposited to the large-scale account, and withdrawals of the remittance of the organization.

On December 21, 2016, the Defendant received a proposal that he would deliver a card from a person without a name that he/she became aware of through the Internet search and served as a delivery book from that time to that time. On November 1, 2016, C withdraws money from a person with a name that he/she became aware of through the Internet search and delivered it to him/her, and he/she received a proposal that he/she would give 2-3% of the withdrawal money from the week when he/she withdraws money from the person with a name that he/she became aware of through the Internet search and sent it to him/her.

On December 26, 2016, the Defendant received instructions from a person who was in the name of the Defendant to move the card to Incheon Bupyeong, and C received instructions from a person who was in the name of the same day to monitor the receipt of the card from a person who was in the name of the same day, and received instructions from the Defendant in the absence of any error.

Accordingly, on December 26, 2016, the Defendant received from Kwikset's Kwikset's Kwikset's Swikset's Swikset's 1 copy of the Saemaeul Credit Card (E) and one copy of the Saemaeul Credit Card (F) in the name of the non-sicker's name, and C supervised and reported the shape of the Defendant in order to receive the physical card from the Defendant.

As such, the Defendant and C received and stored access media with the knowledge that they will be used in the crime in collusion.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each protocol of seizure and the list of seizure;

1. On-site map, etc.;