전자금융거래법위반
A defendant shall be punished by imprisonment for one year.
Seized evidence 1 to 3 shall be confiscated.
Punishment of the crime
In using and managing a means of access, no one shall receive, request or promise any compensation, borrow or lend a means of access with the intent to use it for a crime or knowing that it is to be used for a crime, and keep, deliver or distribute the means of access.
On May 10, 2019, the Defendant: (a) received a card from a person without a name (B) and received a proposal to offer KRW 100,000,000 per case to the account giving instructions after withdrawing money; (b) received the card to be delivered by the Defendant for committing an offense, such as scaming, etc.; and (c) received, on May 23, 2019, a notice of the fact that the card to be delivered by the Defendant was used for an offense, such as scaming, etc., and kept, under the direction of the person without a name, F’s bank cke card, which entered in F from May 22, 2019 to May 23, 2019, the Defendant received and kept the card in the front of the E-type restaurant located in Gui-si, Doi-si, with the notice of the offense in attached Form 3.
The Defendant promised to make compensation as above and kept the means of access with the knowledge that they will be used in the crime.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement of each police officer made to F and G;
1. Records of seizure and the list of seizure;
1. Details of conversation B with those who are unable to obtain their names (C);
1. Receipts and photographs of remittances without passbooks;
1. Cze-line cards of the National Bank in the name of F, and photo of door-to-door stuffs;
1. B content the F received;
1. Details of B dialogue received from G;
1. A detailed statement of mobile banking operations in the G Bank of Korea-Application of statutes on the details of cash withdrawal;
1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 3 of the relevant Electronic Financial Transactions Act (the keeping of a means of access with knowledge of being used for committing a crime);
1. Each of the means of access provided for in Articles 40 and 50 of the Criminal Code shall be subject to the same custody.