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(영문) 인천지방법원 2018.12.19 2018고단7634
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Bosing criminal organization, which is managed by the general responsibility in name, is an organization composed of inducements to acquire damage funds by deceiving many unspecified victims by communication, collections of the large account to receive damage money and collections of the check card connected thereto, withdrawals of the damage money deposited into the large account, withdrawals of the damage money deposited into the large account, and deliverys of the check card between collections and withdrawals.

피고인은 2018. 9. 초순경 스마트 폰 애플리케이션 위 챗 대화명 ‘C '를 사용하는 성명 불 상의 보이스 피 싱 조직원이 체크카드를 수거해 현금을 인출한 뒤 이를 다시 전달해 주면 1장 당 6만 원에서 7만 원의 수당을 주겠다는 취지의 제안을 하자 이를 수락하여 타인 명의 체크카드를 수거하여 전달하는 일을 담당하여 왔다.

In spite of the doubt or awareness that the act of collecting and delivering the physical card as above would be used for committing a crime such as telephone financing fraud (title phishing), work loan, etc., the Defendant collected the bank check (G) of F from E on October 17, 2018 at the front of the 103 East-ro Kimpo-si apartment 103 East-si, Kimpo-si around 16:33, 2018.

Accordingly, the defendant agreed to pay for the crime and kept the access media of electronic financial transactions while being aware that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the photographic Acts and subordinate statutes to the bags containing the Cze Card of our bank;

1. Article 49 (4) 2, Article 6 (3) 2, and Article 6 (3) 3 of the Act on Electronic Financial Transactions Concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: Defendants’ age, sex, family relationship, family environment, and crime.

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