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(영문) 인천지방법원 2019.08.13 2019고단4387
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 of the final judgment.

Reasons

Punishment of the crime

The Singishing organization is an organization that commits a crime such as misrepresenting a financial institution by communicating many unspecified victims by telephone, etc. and deceiving victims by deceiving them, and is composed of a “general liability” that plans and instructs the overall crime while managing the investigators, a “induction” that transfers money to a large account by telephone to the victims, or having them keep money in a certain place, or a “induction” that withdraws or collects the money transferred or stored, and transfers it to another officer by means of transfer without a passbook, etc.

No person shall keep, deliver or distribute a means of access knowing the receipt, request or promise of compensation, or the purpose of using it for a crime or the use thereof for a crime.

Nevertheless, on June 7, 2019, the Defendant respondeded to the proposal that “I will receive another person’s physical card and withdraw cash using another person’s physical card, and then I would pay 3% of the amount to the designated account if I would like to transfer it to the designated account.”

Then, around June 14, 2019, the Defendant kept 8 physical cards with a total of 8 physical cards, such as written in the annexed crime list, from the time on June 19, 2019, from the time on which the Defendant received and kept f’s name f’s name f’s name f’s name f’s name f’s name f’s name f’s name f’s name f’s name f’s name f’s name f.

Accordingly, the defendant has kept the means of access knowing that he/she would receive, demand or promise compensation, or be used for a crime or to be used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report Nos. 7, 8, 7, and 8. of the check card in the name of another person collected at the place of arrest of the suspect.

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