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(영문) 인천지방법원 2019.08.28 2019고단3173
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

As a general responsibility of the phishing organization that deceivings victims by means of misrepresenting them to financial institutions or investigation agencies by calls to many unspecified victims, and by deceiving them, it has managed a criminal organization composed of inducements to induce victims to deliver or remit the amount of damage, solicitations to invite victims to deposit the amount of damage, deliverys of the means of access connected to the amount of damage, withdrawals of the amount of damage from the said means of access, and withdrawals of the amount of damage from the said organization, etc.

On April 1, 2019, while searching the job offer bulletin board “B” on the Internet site, the Defendant contacted with the members of the above scaming organization using C. The Defendant received a proposal from the above “D to collect and deliver a physical card in the name of a third party to the designated place,” and then consented to the proposal that “The Seoul metropolitan area would pay KRW 60,000 won per case to the designated place, and KRW 110,000 won per case to other areas.” Since that time, according to the direction of the “D,” the Defendant played a role in collecting and delivering the physical card to be used for committing the fraud of the above scaming organization, and received approximately KRW 6 million in return.

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, and shall not borrow or lend a means of access for the purpose of using it for a crime or be used for a crime, or keep, deliver or distribute a means of access knowing that it is intended to use it.

Nevertheless, the Defendant, at around 11:30 on May 7, 2019, moved from the order of the above “D” to Goyang-dong-gu E, Goyang-si and then received and kept a physical card connected to the G bank account in F, and on the same day.

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