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Defendant
A Imprisonment for one year, and Defendant B shall be punished by a fine of three million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
1. Defendant A
(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for an offense, unless otherwise specifically provided for in any other Act, in using or managing any access medium;
On April 25, 2018, the Defendant: (a) promised to perform the role of delivering the check card to the deposited book by receiving the check from an employee in charge of telephone financing fraud; (b) promised to receive KRW 50,000 per unit; (c) received 50,000 per unit; (d) delivered 1 physical card connected from B to B’s bank account in the name of the E4th E in Daegu-gu, Daegu-gu, to receive KRW 50,00 per unit; and (e) received 1 physical card connected from B to B’s bank account in the name of SC bank account (G) and affixed the following seal thereon.
4. On January 26, 26, at the J’s place of business located in Daegu Jung-gu, Daegu-gu, by means of delivering one new card in the name of K, one card in the name of L, one KB card in the name of M, one KB card in the name of NB card, and one card in the name of KB card, and then inserting six copies of the above physical card in the name of the person who was in the name of the deceased on the same day in accordance with the instructions of the deceased.
From that time until May 1, 2018, the Defendant, as indicated in the list of crimes in attached Form 1, sent ten physical cards to the non-scaming operation staff, and stored three physical cards in order to deliver them to the non-scaming operation staff.
B. In order to facilitate the crime of so-called “the so-called “the telephone financial fraud” by receiving money from victims under the pretext of repayment of existing loans by making a false statement against many unspecified persons as if they would give a loan at a financial institution, the Defendant: (a) received the check card connected with the account in which the amount of damage from the crime of fraud was deposited; and (b) withdrawn the cash and received the fee.