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(영문) 인천지방법원 2019.08.29 2019고단4611
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

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.

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 June 2019, the Defendant received a proposal from a person who uses B’s “C” and D’s name name “E” and received the proposal that “on the face of the transfer of the passbook without cash to a designated account by withdrawing cash from another person, the Defendant would pay 3% of the withdrawn cash as allowances.” At that time, the Defendant had received approximately KRW 1030,000 in return for the withdrawal of the money acquired by the said Boscing organization through the C’s “C” and “E” under the direction of the said “C” and “E” from around that time, and received as compensation.

On June 29, 2019, the Defendant, at around 10:00, moved to the 410 Sinsan-si, Ansan-si, Masan-si, and the baggage center of an Ansan-si, in accordance with the direction of the person who was not in charge of the above name, and thereafter, was connected to the G bank account in F, and the e-mail card (credit number H) connected to the I Association account.

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