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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant would borrow a loan when money is needed at the end of April 2016.
In other words, with the knowledge of the fact that the person requesting the card is a Bosing fraud group, he first sent the card to the person who wants to provide the loan through Internet search, and if the card is deposited with the card, he will obtain the money by deceiving it in the middle.
1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium;
On April 25, 2016, around 15:00, the Defendant transferred Kwikkset Access Media to the non-person under the name of the first executive officer of the Bohish-dong, Nam-gu, Incheon. On April 25, 2016, the Defendant transferred the physical card and password connected to the Saemaul Treasury Account (B) in the name of the Defendant.
2. On April 26, 2016, at around 16:44, 201, the Defendant transferred KRW 4 million to the Defendant’s bank account in the name of the Defendant, when the victim transferred KRW 4 million to the Defendant’s above Saemaul Treasury account in the name of the Defendant, and the Defendant transferred KRW 4 million to another Saemaul Treasury account in the name of the Defendant in the middle of the intermediate period of the Defendant at around 16:44, 2016, in order to increase the credit rating of the loan by phoneing to the Defendant, and the victim transferred KRW 4 million to the Defendant’s mobile phone account.
As a result, the Defendant, in collusion with the nameless phishing fraud group, by deceiving the victim, thereby deceiving 4 million won of damage.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the investigation report (the detailed statement of transaction passbook A submitted by the suspect), investigation report (Attachment of suspect cell phone details to the suspect cell phone details) Acts and subordinate statutes;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;