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(영문) 인천지방법원 2019.10.17 2019고단5685

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

As a general responsibility of the phishing organization that deceivings victims by means of misrepresenting them to financial institutions or investigation agencies by calls to many unspecified victims, and by deceiving them, it has managed a criminal organization composed of inducements to induce victims to deliver or remit the amount of damage, solicitations to invite victims to deposit the amount of damage, deliverys of the means of access connected to the amount of damage, withdrawals of the amount of damage from the said means of access, and withdrawals of the amount of damage from the said organization, etc.

At the end of July 2019, the Defendant: (a) received a proposal from “C”, “D,” and “D, to have a large amount of money deposited upon the receipt of a card; and (b) received a proposal from “C” and “D,” that “I would give 3% of the withdrawal amount if I would withdraw money by collecting the check card in the name of another person”; and (c) agreed to serve as the liability for withdrawal of the licensing organization.”

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, and shall lend or lend a means of access for the purpose of using it for a crime or be used for a crime, or keep, deliver or distribute a means of access knowing that it is to be used for a crime.

Nevertheless, at around 22:00 on August 13, 2019, the Defendant received instructions from the above “C” and “D,” and moved to the exit of 351, Guro-gu Seoul Metropolitan City, Guro-gu, Do Do Do 351, and thereafter, the Defendant received and kept one copy of the post office card (I) in the name of F (H) and one in the name of the deceased.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. The report of investigation shall not be deleted;