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(영문) 인천지방법원 2019.06.19 2019고단2098
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As a general responsibility of the phishing organization that induces victims by telephoneing to an unspecified number of victims and misrepresenting them to a financial institution or investigation agency, it has managed a criminal organization composed of the victims such as inducing them to deliver or remit the amount of damage, soliciting the victims to receive the amount of damage, delivery of the means of access connected to the large account, and withdrawal of the amount of damage from the said means of access, and withdrawal of the amount of damage from the said organization, etc.

On October 2018, through Internet C search, the Defendant: (a) sent a letter stating that “A person who will be engaged in delivery business guaranteeing high profits”; and (b) sent a written proposal that “E will give KRW 100,000 per case when collecting and delivering a physical card in the name of another person; and (c) received a written proposal that “E will give KRW 100,000 per case when collecting and delivering the physical card in the name of another person; and (d) received and delivered the physical card from November 3, 2018 in accordance with the direction of “E; and (e) received and delivered a delivery of collecting and delivering the physical card to be used for the crime of fraud of the said Bosing organization from around November 3, 2018. In particular, around January 20, 2019, the Defendant came to know of the fact that the physical card was contained and delivered by the Defendant in the process of opening and delivering the boxes collected by the Defendant.

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’s above “E” around March 27, 2019, around 16:40.

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