beta
(영문) 인천지방법원 2018.07.12 2018고단3967

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium, or borrow or lease any access medium with the knowledge that it will be used for a crime.

Nevertheless, on September 19, 2017, the Defendant, despite being aware that it would be used for the crime of fraud of " Bosishing" in the mutual influent convenience store near the House of the Government of Jung-si, around September 19, 2017, issued a copy of a physical card to the account (Account Number B) of a new bank account (Account Number) in the name of the Defendant in the name of the accused.

Accordingly, the Defendant, while knowing that it will be used in the above crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor as a matter of choice of punishment (in light of the fact that the defendant's second damage to the singing has occurred as the passbook circulated by the defendant, the pursuit of criminal proceeds that show social harm, etc., the establishment of an account and active payment of consideration, and the withdrawal cooperation and involvement that are close to aiding and abetting fraud, it is specified as a treatment of property, but it is difficult to achieve the effect of suppressing recidivism);

1. Article 62 (1) of the Criminal Act on the stay of execution (the need for treatment within society);

1. Article 62-2 of the Criminal Act regarding community service order (the prevention of recidivism and the necessity of improving character and behavior);