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(영문) 인천지방법원 2019.08.22 2019고단4345
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No one shall retain a means of access while receiving, requesting or promising compensation, and shall retain a means of access with the knowledge that they are to be used for a crime or to be used for a crime.

As a general responsibility of the phishing organization that deceivings victims by means of misrepresenting them to financial institutions or investigation agencies by calls to many unspecified victims, and by deceiving them, it has managed a criminal organization composed of inducements to induce victims to deliver or remit the amount of damage, solicitations to invite victims to deposit the amount of damage, deliverys of the means of access connected to the amount of damage, withdrawals of the amount of damage from the said means of access, and withdrawals of the amount of damage from the said organization, etc.

Around May 30, 2019, the Defendant: (a) reported online job offer advertisements posted to the effect that “4-5% of commission will be granted to withdraw money and remit money”; and (b) received a proposal from the person under whose name the Defendant’s name the Defendant made contact to the members of the scaming organization (hereinafter “B”); (c) paid 3-4% of the withdrawn amount as allowances; and (d) received the proposal from the person under whose name the Defendant’s name the Defendant received, from June 14, 2019, the Defendant received money acquired by the scaming organization using the c card and deposited it into the account designated by the person under whose name the money was not given.” (c) received approximately KRW 600,000 as compensation.

During that period, the Defendant was under the direction of the above-mentioned name unclaimed box (the name "C"), moved to the "E dental clinic" located in Guro-gu Seoul Metropolitan Government D, and then moved to the "E dental clinic" on June 15, 2019, one new physical card (credit card number: G) and one national physical card (credit number: I) in the name of F on June 18, 2019, respectively, and one national physical card (credit number) in the name of H on June 18, 2019.

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