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(영문) 인천지방법원 2019.10.30 2019고단5135
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

In all the facts charged of this case, the organization of international telephone financial fraud (hereinafter “scam”) is composed of sub-organizations in which the role of the organization, such as operating a call center in a foreign country, including China, misrepresentation of lending institutions, and withdrawal of money deposited in the account with a telephone passbook, withdrawal of money deposited in the large passbook, and solicitation of a large passbook to be used for the above crime, is subdivided. The Defendant participated in the organization around July 2019 and then withdrawn cash and received the large passbook connected thereto, and takes the role of cash withdrawal by receiving allowances for 3% of the withdrawn amount. However, the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant was involved in the crime, and thus, the Defendant’s participation in the crime was insufficient.

around 12:00 on July 24, 2019, the Defendant stated in the indictment of a Buddhist box using a ID, “D” in front of the B apartment Cdong in Gyeyang-gu Incheon, and “D,” as “non-indicteds belonging to the Bosing Organization,” but on the same purport, the Defendant modified the criminal facts as above.

F in accordance with F’s instructions through E-mailbook, and one of F’s e-mail card (New Bank G) was dryed from that person.

In addition, the Defendant received five copies of the electronic financial transaction access media (e.g., electronic financial transaction access media) from July 24, 2019 to July 29 of the same month by being aware that it would be used for the crime as shown in the attached list of crimes in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on details of letters;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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