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(영문) 인천지방법원 2017.08.10 2017고단4370
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Except as otherwise expressly provided for in other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, the Defendant received and kept e-mail card (F) 1, G bank c (H) 1, and e-mail card (I) c (H) clock from D in order to withdraw the amount of damage caused by Bosing, under the direction of an employee of Bosing Telecommunications Fraud Co., Ltd. (one name C) who defrauds money by accessing the Internet, telephone, etc. to many unspecified persons, for the purpose of withdrawing the amount of damage caused by Bosing.

Accordingly, the defendant kept access media for the purpose of using them for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. 위 챗 대화내용, 피의자의 휴대전화 메신 져 대화내용 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act revealing that the Defendant was aware of having attempted to commit the instant crime in order to professionally take part in the commission of the criminal act relating to Bosing. As such, there is a high possibility of criticism in light of the background or intent of the Defendant’s crime.

However, there are circumstances to consider the motive for committing the instant crime in the event that the Defendant is against himself and is a first offender, and is economically lacking, and the instant crime is committed through the Defendant’s criminal act.

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