전자금융거래법위반
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The new financial fraud organization, such as scam, etc., takes over the means of access to electronic financial transactions under another person’s name (hereinafter “Access media”) in order to avoid control by investigation agencies and financial authorities, through the “passbook solicitation” and “fund withdrawal” consisting of the system.
On January 2015, the Defendant received the means of access, etc. to receive money from the above officer in the name of the Defendant, who would give money to him/her as soon as he/she would have received from the above officer in the name of the Defendant, and conspired in order to take charge of withdrawing and remitting the money after receiving the means of access, etc.
2. On 18:00, around 23:18:00, a person involved in the crime by finding the means of access to the storage of subway stations and withdrawing cash.
On February 24, 2015, at around 00:40, the Defendant received the delivery of the goods in the name of C in accordance with the order of C’s new bank cards (D), E’s agricultural bank cards (F), G bank cards (H), I’s name, agricultural bank cards (J), K company-based bank cards (L), M&C cards, agricultural bank cards (N) in the name of K, agricultural bank cards (N) in the name of M&M, and post office cards (O) in the name of the non-sicker in the name of 1,2,3,7,15, and 17 under the order of C’s 1,2,3, 7, 15, and 17.
Accordingly, the defendant acquired the means of access in collusion with the investigation staff in the name of the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. A protocol concerning the examination of suspect of P;
1. Seizure records;
1. Application of Acts and subordinate statutes to each investigation report (the Nos. 4, 5, 8, 9 of the evidence list);
1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act and Article 30 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of the penalty;