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(영문) 의정부지방법원 고양지원 2016.08.11 2016고단1133
전자금융거래법위반
Text

Defendant

A and C shall be punished by imprisonment for six months, by imprisonment for two years, and by imprisonment for ten months, respectively.

(b).

Reasons

Punishment of the crime

Defendant A, Defendant B, Defendant C, and Defendant D, in the organization of Bosishing, a term “ Bosishing,” under the name of another person (hereinafter referred to as the “Spoishing account”), which received money from an unspecified number of victims as if they were to receive a loan or remittance of money, by means of an account in the name of another person secured in advance (hereinafter referred to as the “Spoishing account”), are the term “measures to withdraw cash withdrawal” in which they withdraw money acquired as a result of criminal act by delivering another person’s electronic financial transaction access media in compliance

1. In using and managing access media, no person who is a defendant shall keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime, unless otherwise specifically provided for in other Acts;

Nevertheless, on April 20, 2016, the Defendant received and kept the cash cards in the name of Kwikset through Kwikset Service, M’s national cash card (N), U’s cash card (P), Q’s national cash card (R), U’s Saemaul Treasury Cash Card (T), U’s Saemaul Treasury Cash Card (V), and W’s Saemaul Treasury Cash Card (X), respectively, with a total of seven cash cards in the name of Q, for the purpose of withdrawing the money remitted by the victims of Bokishing, at around 09:10 on April 20, 2016.

Accordingly, the defendant stored access media on electronic financial transactions for the purpose of using them for crime purposes.

2. Defendant B

A. On July 2015, the Defendant, with the proposal that “I would withdraw cash and pay KRW 30-40 million per week per week from a person who was named in the name of the police officer (hereinafter “Y”)”, he/she accepted the proposal, and then, the Defendant’s employees in charge of “ Bosping” under the name of the above Y, etc., take over the account necessary for financial transactions from multiple holders of the above large account, cash cards, passwords, etc. connected thereto, and deliver them to the account holder, including the Defendant.

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