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(영문) 인천지방법원 2020.04.23 2020고단2260
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

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 2% of the withdrawals per day to take part in the organization of Bophishing organization, and ordered to take part in the organization of Bophishing using telegrams or Kakakakaoooooooooo, he received and kept the physical card, passbook, OTPP in the name of another, or withdrawn cash by using it, and then delivered the cash to Bophishing staff, and the above physical card, etc. will take part in the role of destroying it.

On March 12, 2019, at around 09:38, the Defendant collected and stored the SC Bank C’s C Card (F) in the name of E, which was entered in the said place of business, under the contact of “D,” a person who was not registered,” and was in the said place of business.

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 application of the statutes on seizure records, cell phone text records on the list of seizure, the Kakao Stockholm conversation, and the photographic (Evidence No. 11);

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 2]: Business, organizational, and crime for the purpose of using a crime (special person] for the purpose of use of crime: Simple participation [the scope of recommendation and recommendation], mitigation area of mitigation area, imprisonment with labor for one month to eight months;

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence: The custody of the means of electronic financial transactions, such as the instant crime, shall not only disrupt financial order, but also facilitate Bosing crimes.

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