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(영문) 인천지방법원 2019.10.17 2019고단6155

전자금융거래법위반

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The non-scaming organization is an international criminal organization consisting of inducements by deceiving victims by deceiving them to make a loan by calls to many unspecified victims, solicitations that invite victims to receive compensation, deliverys of means of access connected to the large account, deliverys that transmit the means of access connected to the large account, and withdrawals of compensation after receiving the means of access and then remitting compensation to the said organization.

On July 22, 2019, the Defendant received a proposal from “B”, “C” and “D, which are the cause of an irregular telephone financial fraud organization, to collect and withdraw funds, and to transfer 1.5% of the amount withdrawn at the face of the transfer to a designated account,” and has been in charge of collecting and remitting another’s physical card under C and D’s instructions from around that time.

No person shall keep, deliver or distribute a means of access knowing the receipt, request or promise of compensation, the purpose of using it for a crime, or the use thereof for a crime.

Nevertheless, at around 10:00 on September 3, 2019, the Defendant received instructions from C and D, and the Seongbuk-gu, Seongbuk-gu, Seoul, Dongdaemun-dong, 5 received from an untitled delivery engineer a card (credit card number: F) in the vicinity of the entrance area of the subway, and kept the card under the name of another person for a total of 10 times from around the time to May of the same month, as indicated in the attached list of crimes.

Accordingly, the Defendant, while receiving, demanding or promising compensation, has kept the means of access with knowledge that it will be used for a crime or used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Police seizure records;

1. The pictures of seized articles;