전자금융거래법위반
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 became final and conclusive.
Punishment of the crime
In using and managing the means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.
Nevertheless, on August 2018, the Defendant received a proposal from a person who was not the deceased in the name of the Defendant to the effect that “a loan will be maintained. When the loan interest is deposited in the account, the Defendant sent a physical card that is connected to the account is needed to withdraw the amount, and recognized that the physical card issued by the Defendant would be used for the crime of Bophishing. However, on August 20, 2018, the Defendant sent a physical card connected to the Defendant’s bank account in the name of the Defendant through Kwikset-gu B apartment (D) around 14:00, 2018.
Accordingly, the Defendant knowingly lent the means of access to the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Two copies of transactions and replies to requests for financial transaction information;
1. Application of Acts and subordinate statutes of E’s written petition;
1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the amount of scam damage was actually deposited in the deposit account in the name of the defendant, linked to the cream card lent by the defendant, and that the defendant was punished two times for the same kind of crime.
However, the fact that the defendant's mistake is against the defendant, and that the money deposited in the defendant's account seems to have been recovered by the victim is favorable.
Other conditions of sentencing that are shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.