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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal record] On November 10, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Daegu District Court on November 10, 2017, and the judgment became final and conclusive on June 19, 2018.
[Criminal facts]
1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for an offense, unless otherwise provided for in any other Act, in using or managing the access medium;
Nevertheless, on June 14, 2017, the Defendant knew that the financial account under the name of the Defendant will be used for a crime at the Daegu High Bus Terminal located in Daegu, Daegu, Daegu, 103, the Defendant received the proposal and then sent 50,000 won per account when sending the address, account number, account identification number, and physical check card, etc. from the person in question, and then sent it to the Msan Changwon Terminal, which was designated by the winners of the physical card, etc. connected to the Defendant’s Saemaul Bank Account (C) through the express bus freight, around that time.
As a result, the defendant was aware that he will be used in the crime, and the defendant either lent access media or stored, delivered, or distributed it.
2. The Defendant was aware of the fact that the Defendant committed the phishing crime in Korea is very frequent, and that the persons committing the phishing crime cannot withdraw money from the victims’ money via a passbook in his name. As such, the Defendant was aware of the fact that he received money using a passbook and withdrawn money through the method of withdrawing the money, or by allowing other persons to receive money from the account in his name, and then let them withdraw money from the account in his name, and then let them receive money from the account in his name, and then receive money from the victims, and then acquired money from the victims. In addition, the Defendant withdrawn the cash of the phishing victim who was transferred to the fish account in his name because of around October 6, 2016, and used part of the money.