전자금융거래법위반
A defendant shall be punished by imprisonment for one year.
Seized evidence 1 to 6, 10
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.
Nevertheless, on December 2018, 2018, the Defendant received a proposal that “The Defendant would pay the payment for the transfer of money from the influor after withdrawing the check from the influor upon withdrawal of the money.” On January 2, 2019, the Defendant received instructions from the first police officer’s name influor (C dialogue D), “D” and “E” through C, to check whether the card is normally operated after collecting the check at the place to be known to the public, and to check whether the normal card is normally operated.”
On January 25, 2019, at around 08:42, the Defendant kept five items in Seoul Dongdaemun-gu, and collected and kept four copies of the means of access, such as IBK Bank Cze Card (G), and kept them. As indicated in the attached list of crimes, the Defendant kept six copies of the means of access from January 11, 2019 to January 25, 2019.
Accordingly, the Defendant knowingly committed an act of keeping a means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police seizure record and the list of seizure;
1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos 3, 4, 5, 7);
1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The crime of keeping the means of electronic financial transactions while knowing that it will be used for a crime with reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is very different from that of the means of access stored as such.