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(영문) 인천지방법원 2019.08.08 2019고단4210
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

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 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.

On April 2019, the Defendant received text messages stating “The solicitation of cash receipts and cash receipts” from a person who was not the deceased on his/her name, and contacted him/her to a scaming employee, and paid 3% of the cash collected as allowances from a person who was under his/her name using “C” to a designated account, who received a proposal that “The Defendant would collect cash from another person and transfer it to a designated account,” and then, thereafter, he/she received approximately 1.3 million won in return for the receipt.

Of that, the Defendant received the direction of a person who was unable to receive the name “E” using the DNA name “E” that was known through around 17:08 on June 13, 2019 and “C,” and moved in the future in the Seoul Gwangjin-gu Seoul Special Metropolitan City.

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