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(영문) 인천지방법원 2019.09.09 2019고단3347

사기방조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 21, 2017, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on September 22, 2018.

1. No person who violates the Electronic Financial Transactions Act shall transfer a means of access used in electronic financial transactions;

On October 25, 2018, the Defendant sent the means of access by using the passbook, physical card, and OTP machine to the address designated by the non-member of the bank account (C) in the name of the Defendant, at the Incheon Si Terminal located in the Incheon Si Office-dong, to the address designated by the non-member of the non-member of the right of access.

2. Although the Defendant knew that he was to be used for the crime of Bosing, he, as described in paragraph (1), transferred the means of access, such as physical cards, to a person with no personal identity, as described in paragraph (1). On October 29, 2018, the Defendant assisted the Defendant to receive money of KRW 3 million from the victim’s bank account in the name of the Defendant on the same day, as a pre-contract deposit, to allow the victim to receive money of KRW 3 million as a pre-contract deposit for sexual traffic, even though he/she did not have any intent or ability to arrange sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of account transactions;

1. Previous convictions in judgment: Application of inquiry report and personal confinement status Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 49(4)1, 6(3)1, and 347(1) and 32(1) of the Criminal Act concerning the selection of punishment for an offense (the violation of the Electronic Financial Transactions Act, the choice of imprisonment, and the selection of imprisonment);

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)

1. Of concurrent offenders, the number of means of access transferred by the accused for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is limited to one, and the profits generated from the instant crime is three hundred thousand won.