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(영문) 인천지방법원 2019.10.31 2019고단5944

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal power] On May 23, 2019, the Defendant was sentenced to one year of imprisonment for a crime of violating the Electronic Financial Transactions Act at the Incheon District Court, and the sentence became final and conclusive on September 7, 2019.

【Criminal Facts】

불상의 보이스피싱 조직은 뷸특정 다수의 피해자들에게 전화하여 대출을 해주겠다는 등으로 피해자들을 기망하여 피해자들로부터 피해금을 편취하는 유인책, 피해금을 입금 받을 대표 계좌를 모집하는 모집책, 대포 계좌와 연결된 접근매체를 전달하는 전달책, 위 접근매체를 전달받아 피해금을 인출한 후 위 조직에게 피해금을 송금하는 인출책 등으로 구성된 국제적 범죄조직이다.

On February 16, 2019, the Defendant received a proposal that “The Defendant would collect and withdraw the check card in the name of a third party, and would make a certain amount of money out of the amount of money to be withdrawn from the designated account” from an employee engaging in telephone financial fraud, and accordingly, took charge of collecting the check card from the time of the occurrence of the transfer to the designated account and withdrawing the cash.”

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, on March 21, 2019, the Defendant received the direction of the person who was unable to receive his name on March 21, 2019, and kept one check card connected to the EF Association account (Account Number: G) at the dry Station of the D Association located in Gwangjin-gu Seoul Special Metropolitan City.

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. Statement by the defendant in court;

1. The police statement of H;

1. Investigation report (suspect A specific circumstances);

1. Previous convictions: Investigative report (verification of the same record of suspects), Incheon District Court Decision 2019 High Court Decision 2075 Court Decision;