Seized evidence 2 shall be confiscated.

No person shall borrow or lend any access medium, or store, deliver, or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

피고인은 조선족 중국인으로 단기 체류 자격으로 입국하여 위 쳇 닉네임 D(ID: E) 을 사용하는 'F' 이라는 자로부터 ‘ 은행에서 이체하는 데 쓰는 물건을 중국으로 전달해 달라’ 는 부탁을 받아 범죄에 이용될 것을 알면서도 2017. 7. 31. 19:08 경 서울 영등포구 도림로 41길 15 우편함에서 퀵 서비스 기사가 가져 다 놓은 접근 매체인 G 명의의 국민은행 H 계좌와 연결된 OTP 1개가 들어 있는 상자를 수거하여 보관하였다.

Accordingly, the defendant, knowing that he will be used in the crime, stored an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and photographs of seized articles;

1. 피의 자와 F 위 쳇 대화 내역

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (an offense for which sentencing guidelines are not set, a sentence to be imposed: imprisonment with prison labor for not more than three years) is that the role of the Defendant’s transport measures, etc. conducted by the Defendant under the communication with the line is essential for the completion of the singishing crime, where the organization has a total responsibility in a foreign country where judicial power is difficult to be exercised, and where the organization gets flickly from one’s own.

In the case of those who are included as organization members as the defendant, there are growing cases of short-term visa residents who have no record of domestic crime.

Recognizing the distribution and tendency of subordinate participants in the formation of the organization as well as the legitimacy of their respective roles, the demand of the organization for new applicants and physical color activities, the repetition of the so-called superficing method, the attempt to transport security media overseas, and the entry into the Republic of Korea close to the commission of the crime.