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(영문) 인천지방법원 2020.10.08 2020고단4176
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

The organization of telecommunications-based financial fraud is comprised of subdivided organizations, such as the role of operating a call center in a foreign country, such as China, the Philippines, etc. and inducing victims to withdraw and deliver money or transfer money through a large passbook, the role of withdrawing money deposited in a large passbook, and the role of collecting a large passbook and a check card to be used for committing the crime.

No person shall, unless otherwise provided for in any other Act, keep, deliver or distribute a means of access with the knowledge that he/she is to use the means of electronic financial transactions for any crime or is to be used for any crime, or with the knowledge that such means are to be used for such crime.

Nevertheless, around April 26, 2020, the Defendant received a proposal from “B (C)” to the effect that “B (C) will collect and deliver money under the name of another person,” and received it with the knowledge that it will be used for the scaming crime. On April 28, 2020, the Defendant collected and stored a copy of “B (C) Kakao Bank’s Card (credit number F) in the name of E, which moved to Silsi-si D and was packed in the scam and packed in the scam, from which he had the knowledge that it would be used for the scaming crime.

Accordingly, the defendant agreed to pay and kept the means of access to electronic financial transactions while knowing that they will be used for crimes.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. G와 QQ 대화 사진

1. The staff of the Bosing Agency and the suspect Kakao photographs;

1. Application of Acts and subordinate statutes to a report on investigation (act of a suspect at a criminal place);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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