Text
Defendants shall be punished by imprisonment for one year.
Seized evidence No. 3 shall be forfeited from the defendant B.
Reasons
Punishment of the crime
With respect to the use and management of a means of access, no one shall keep the means of access while promising compensation, or borrow, keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for such purpose.
1. Defendant A received a proposal from “C” on the Chinese website, “I will withdraw cash using a physical card and give KRW 100,000 per day if you transfer it.” Defendant A knew that it will be used for an offense in accordance with the instructions given by the above-mentioned person without a name, who was aware of the receipt and acceptance of the proposal, and then released cash by using a physical card and then came to play a role of “passing” in the name of a person without a name.
Accordingly, on August 14, 2019, the Defendant received the order from the above person who was not related to his name, to receive the other person's body card, and around 12:50 on the same day, the Defendant collected one copy of the I Bank Cze Card (J) in the name of Yeongdeungpo-gu Seoul Metropolitan Government F and G mail.
As a result, the Defendant, in collusion with the Defendant, committed an act of using a means of access for the purpose of using it for a crime.
2. Defendant B, upon receiving a proposal from a person who was aware of the fact that he was aware of the fact that he would receive and deliver a physical card, or withdraw cash by using it, he would give KRW 500,000 per day to the person who received and accepted the proposal, with the knowledge that he would be used for the crime in accordance with the instructions of the person who received the above name cards. Defendant B, knowing that he would receive and deliver the check card or withdraw cash and had the intent to play a role of “delivery, withdrawal,” which is called as the term “passing and withdrawal,” in which he will receive the check again.
Accordingly, on August 14, 2019, the Defendant received and sent another person’s check cards from the DNA name “E”, which was introduced by the persons who received the above name cards.