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(영문) 서울북부지방법원 2018.02.08 2017고단5786
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On November 2017, the Defendant accepted a proposal that he would receive another person’s physical card from a person without a name (hereinafter “C”) and one person’s name (hereinafter “D”) for a telephone financial fraud organization that he/she became aware of through the website of the YY and would withdraw the money deposited in the account connected with the Defendant and pay 2% of the amount deposited at the face of the deposit account without a passbook at the fee.

1. No person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising any consideration in violation of the Electronic Financial Transactions Act;

Nevertheless, on December 2, 2017, the Defendant: (a) withdrawn the money deposited into the account connected to D’s check from the non-deposited area in Seo-gu, Seo-gu, Seo-gu, Daejeon Metropolitan City; and (b) received and kept the access media from D for 2% of the amount deposited into the non-deposited area; and (c) received and kept the access media from D (E), 5 (National Bank Cze Card (E), New Bank Cze Card (F), Postal Card (G), and National Bank Cze Card (H); and (d).

In addition, from that time to December 15, 2017, the Defendant promised to keep, deliver, and distribute a total of 25 accessible media, as shown in the annexed Table of Crimes, for a total of 10 times, including the following:

2. Fraud;

A. The victim J’s financial fraud (one-time “scam”) organization is acquiring money from victims by means of telephone, etc. with a system that consists of inducements to transfer money by deceiving victims, total withdrawals ordering withdrawals of transferred money, and measures such as withdrawals of transferred money from a financial institution’s cash payment machine according to its instructions.

피고인은 2017. 12. 2. 경 성명 불상자( 일명 ‘D’ )로부터 ‘QQ 메세지 ’를 통해 수시로 위 성명 불상자의 지시를 받으면서, 보이스 피 싱에 이용할 체크카드를 소지하고 있다가 피해 금을 인출하여 위 성명 불상 자가...

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