beta
(영문) 인천지방법원 2020.06.11 2020고단2960

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The organization of telecommunications-based financial fraud (hereinafter “Sing”) consists of a sub-organization that operates a call center in a foreign country, such as China and the Philippines, and falsely assumes a lending institution or an investigative agency to allow many unspecified persons to withdraw money deposited in the account by telephone or to withdraw money deposited in the large passbook; the role of withdrawing money deposited in the large passbook; and a subdivided sub-organization that performs the role of soliciting the large passbook to be used for the above crime.

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, the Defendant received a proposal that “I would withdraw money from collecting physical cards, exchange them to China,” and accepted it, and then, on March 24, 2020, the Defendant moved to B in accordance with the direction of a person who was not the name of the person who was not the person who was the person who was the person who was not the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person who was the person

As a result, the Defendant kept the means of access to electronic financial transactions for the purpose of using it.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (the details of arrest of a suspect);

1. 수사보고, 피의자의 위챗 대화 내용 법령의 적용

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment, and reasons for sentencing imprisonment;

1. Scope of recommendation [decision of types] according to sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act / [Type 2] Offense for Business, Organization, and Use of Crime [Scope of Recommendation Area and Recommendation] Basic Field, 6 months through one year and 6 months [general person] - Reduction element of punishment: No record of criminal punishment;

2. Determination of sentence: Details of the crime as indicated in the year of imprisonment, the above sentencing grounds, and others.