전자금융거래법위반
A defendant shall be punished by imprisonment for a period of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.
The Defendant promised to receive approximately KRW 3-5% of the withdrawals per day and KRW 50,000,000 to take action as an occupation organization, and ordered a member of Bophishing organization to receive and keep the physical card under another person's name directly from another member or withdraw cash by using a conversation, and then will be responsible for remitting cash to the account known to the Bophishing Organization.
On April 9, 2020, the Defendant received contact from the employees of Bosing T-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C5 of the same day from April 13, 2020 to April 17-35 of the same day and kept the G-C-C-C-C-H in the name of the deceased in front of the building of Kimpo-si.
Accordingly, the defendant kept the means of access knowing that they will be used in the crime.
Summary of Evidence
1. Defendant's legal statement;
1. The police seizure record and the list of seizure;
1. Photographs of each seized article;
1. Application of Acts and subordinate statutes of the content of investigative reports (the dialogue between the instructions for telegram (I), and telegram dialogues;
1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;
1. Scope of recommendations according to the sentencing guidelines: From six to one year and six months (decision of type] for crimes in violation of the Electronic Financial Transactions Act; [Type 2] for the purpose of committing a crime in violation of the Electronic Financial Transactions Act; the basic area of the crime [the scope of recommendations and recommendations] for the purpose of business, organization, and use of crime; six months to one year
2. Determination of sentence: Imprisonment with prison labor for a year and six months, the following three years of a suspended sentence, and Article 51 of the Criminal Act;