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(영문) 인천지방법원 2020.08.28 2020고단2419

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

In using and managing the means of access, no one shall borrow or lend the means of access for purposes of using it for any crime, or keep, deliver and distribute the means of access, unless otherwise specifically provided for in other Acts.

On February 2020, the Defendant, along with C, known through the Internet car page called “B”, intended to commit the Internet goods fraud and divide profits therefrom, and conspired to recruit accounts to be used in committing the fraud.

Accordingly, C decided to purchase the physical card from D obtained through the above Internet car page in KRW 300,00,000, and the Defendant, along with C, received one copy of D’s physical card (Account Number: F) from the National Bank in the name of Jung-gu Incheon, Jung-gu, Incheon, on March 10, 2020.

Accordingly, the Defendant, in collusion with C, kept the means of access to others for criminal use.

Summary of Evidence

1. 피고인의 법정진술 C에 대한 경찰 피의자신문조서 수사보고(피의자들 간 나눈 위챗 대화내역에 대한 건) 및 위챗 대화내역, 수사보고(제보자 텔레그램 대화내역 첨부) 및 제보자 텔레그램 대화 내역 압수물품 사진 법령의 적용

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant gather Internet goods fraud and insurance fraud with C and actively retain the means of access under the name of another person to commit such fraud and insurance fraud; and (b)

However, the fact that the defendant is recognized to commit the crime, the fact that the defendant does not actually proceed to the crime of fraud, the fact that he is punished for the same kind of crime, or there is no record of punishment exceeding the fine, shall be considered as favorable to the defendant.