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(영문) 인천지방법원 2019.10.08 2019고단5190
전자금융거래법위반
Text

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

A copy (No. 2) of the card that has been seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On August 31, 2018, the Defendant was sentenced to one year of imprisonment for larceny at the Ulsan District Court, and completed the execution of the sentence at the Ulsan District Court on May 25, 2019.

[Judgment of the court below] The scaming organization, which is managed by the general responsibility in the name of the defendant, will provide a loan by calling to an unspecified number of victims.

or misrepresentation of an investigative agency;

It is an international criminal organization consisting of inducements by deceiving victims due to abduction of their family members, solicitations that invite victims to receive damage money, deliverys of the means of access connected to the large account, withdrawals of damage money through the delivery of the said means of access, and withdrawals of remittance of damage money to the said organization.

On July 2019, the Defendant received a proposal and responded to the offer that “Around July 2019, the Defendant would receive and keep the Kakakao Kakao Adi (C), which was searched by the search language called “high-amount Alba,” from the name defecter using the Kakao Kakao Adi (C), and pay KRW 70,000 per case at the designated place.”

【Criminal Facts】

No person shall keep, deliver or distribute a means of access with the knowledge that he/she is to be used for a crime or to be used in such crime.

On July 25, 2019, the Defendant: (a) received and kept one copy of the e-mail card (F) from a person who was not his/her name in front of the D Apartment-si, Kim Jong-si; and (b) received and kept a total of 12 e-mail cards from July 31, 2019, as indicated in the attached list of crimes, from around July 31, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the period of repeated offense and attachment of criminal investigation records);

1. Each relevant Article of the Act concerning criminal facts;

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