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(영문) 인천지방법원 2019.06.13 2019고단2724
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 4 and 5 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The Bophishing organization, which is managed by the general responsibility in name, is a criminal organization composed of inducements by deceiving victims by deceiving them by means of telephoneing to many unspecified victims, misrepresentation to investigation agencies, etc., communications of means of access connected to the large account, deliverys of means of access connected to the large account, and withdrawals of money from the above means of access, and withdrawals of money from the above organization.

Except as otherwise expressly provided for in other Acts and subordinate statutes, no one shall keep, deliver or distribute a means of access while receiving, requesting or promising any consideration in electronic financial transactions.

On March 2019, the Defendant received a proposal that “I would collect and withdraw money from a third party’s check, and would pay 2% of the basic pay and remittance amount of KRW 150,000 per month if I would transfer money to a designated account,” which was known to the Defendant through the advertisement text of the said Bosing Organization.” In response to the proposal, the Defendant was bound to withdraw money.

Around April 17, 2019, the Defendant, in accordance with the direction of the above, kept a e-mail card (F) in the name of D, which was put in by the winners of the fire near the Changdong Station 11-dong, Dobong-gu, Seoul, in an open space, and kept the e-mail card in the name of D from April 8, 2019 to April 18, 2019, and kept the e-mail card more than eight times in total as shown in the list of crimes in the attached Table.

Accordingly, the defendant has kept the means of access in return for receiving, demanding or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. The investigation report (Attachment to the conversation with the “C”), the contents of the conversation that the suspect exchanges with C, and the contents of the conversation that the suspect exchanges with C.

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