(영문) 인천지방법원 2020.05.21 2020고단2697

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자간(%)

(영문) 인천지방법원 2020.05.21 2020고단2697

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 8, 9, 10 shall be forfeited from the defendant.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

The name unsurgic name “B” is a person who, as a member of the Bophishing organization, instructs other members of the organization to collect, store, and deliver the physical cards used for the above crimes such as Bophishing, etc.

On October 2019, the Defendant offered a proposal to the effect that “The Defendant would receive and keep the e-mail card from the person with no personal seal in his/her name, and then withdraw the amount of damage with the e-mail card and transfer it to the account known to him/her at his/her own expense,” and conspired with the person with no personal seal in his/her name to perform the role of receiving the e-mail card under another’s name and withdrawing and delivering the amount of damage after keeping the e-mail card with the knowledge that the means of access, such as the e-mail card, would be used for the crime.”

On March 23, 2020, around 16:10 on March 23, 2020, the Defendant received and kept 8 copies of the physical card from March 19, 2020 to March 23, 2020, such as receiving and keeping the e-mail card (F) and the e-mail card (G) in the name of E used for the scaming crime, etc. from the scambling engineer.

As a result, the Defendant committed an act of keeping, delivering, distributing, etc. a means of access in collusion with the above-mentioned person who is aware that it will be used for a crime or committed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Records of seizure and the list of seizure;

1. Details of conversations between seized articles and telegram;

1. Application of Acts and subordinate statutes to photographs extracted from X-gu and telegrams;

유사 판례

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