(영문) 수원지방법원 성남지원 2018.10.12 2018고단1441

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2018.10.12 2018고단1441

사기방조등

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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on December 2015, the Defendant would give 120,000 won in consideration of the fact that the Defendant opened a bank account in the name of the company D after opening the bank account in the name of the company D in the name of the company.

“In receipt of the proposal, the bank opened the B account in the name of Company D (E) and opened the e-mail card, security card, etc. connected to the account.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning separate records attachment (related to the D Account);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order committed the instant crime for the purpose of seeking KRW 120,000,00, even though the Defendant had been punished as a suspended sentence due to the violation of the Act on Fraud and Electronic Financial Transactions.

The suspension of execution shall be sentenced in consideration of the fact that the defendant commits a second-class crime without reflection, and the observation of protection shall be imposed.

Part not guilty (the point of aiding and abetting fraud)

1. On March 29, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Electronic Financial Transactions Act by the Seoul Central District Court on the charge of the violation of the Electronic Financial Transactions Act. As such, the Defendant was able to sufficiently doubt or suspect that the Defendant would be used for the crime of fraud, such as phishing, etc., if he created and transferred the access media to his name in the same way as that of the preceding paragraph. However, the Defendant was under the name of D in accordance with

참조조문

-형법 제62조 제1항

-형법 제62조의2

유사 판례

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