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(영문) 인천지방법원 2019.10.24 2019고단5215

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[2019 Highest 5215] The name-unscamist is a general responsibility of the scaming organization that deceivings victims by means of telephoneing to an unspecified number of victims and misrepresenting them to a financial institution or investigation agency, etc., and has managed an organization composed of inducing victims to deliver or remit the amount of damage, a solicitation to invite victims to receive the amount of damage, a delivery of the means of access connected to the large account, a delivery of the means of access connected to the large account, and a withdrawal of the amount of damage from the above organization after withdrawing the amount of damage.

At the end of June 2019, the Defendant: (a) contacted the Defendant with the Defendant using “D”, and (b) provided the Defendant with the name-free scaming operation staff using “D”; (c) consented to the proposal that “When collecting and delivering the physical card in the name of another person, it would give KRW 100,000 per case”; (d) from June 26, 2019 to June 26, 2019, the Defendant collected and delivered the physical card to be used for committing the act of fraud of the said scaming organization; and (e) around that time, during the process of opening and delivering the scam collected by the Defendant, the Defendant was aware of the fact that the cam card contained was used for committing the act of using the scaming, etc.

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 not borrow 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 intended to use it.

Nevertheless, the Defendant, at around 13:30 on July 29, 2019, moved to E in the future after receiving instructions from the above D.