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(영문) 인천지방법원 2020.11.05 2020고단8092
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Case] The telecommunications-based financial fraud organization is an organization with a criminal organization with a vertical guidance system and a criminal organization that resides in a foreign country, such as China, and plans and controls the entire criminal conduct in the Republic of Korea.

Such Singishing organization consists of ① a call center, which assumes a false person with an investigative agency, such as a financial institution or prosecutor, and plays a role in deceiving victims by leaving a phone to an unspecified number; ② a call center, which offers accounts and means of access to receive deposits from China, etc. or in the Republic of Korea; ③ a “book” which withdraws money from the means of access; ④ a “cash collection” which is delivered with the means of access; ⑤ a “cash collection” which is delivered by means of transfer, such as a passbook, etc.; ⑤ a “transfer account” which is delivered by means of money transfer, such as a passbook, ⑤ a “money transfer account” which is remitted to China. In addition, the organization is also composed of ① a “solicitation account” which solicits withdrawal and cash collection in the Republic of Korea; and ② a corporation which is opened under the name of the head of a bank (the “corporation chip”) which is available for committing a crime in the call center; and ③ a “tel number” which is operated in preparation for the supply of mobile phone numbers and its phone call numbers.

【Criminal Facts】

No person shall, except as 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 be used for any crime.

Nevertheless, there is a need to do so.

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