A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

그럼에도 불구하고 피고인은 전화금융사기 조직의 조직원인 성명불상자(위쳇 대화명 ’B’)로부터 ‘체크카드를 수거하고 그곳에 입금되는 금원을 현금으로 인출하여 무통장 송금해주는 일을 하면 인출금액의 5%를 수당으로 지급하여 주겠다’는 제안을 받고 이를 승낙하였다.

On February 24, 2020, at around 13:49, the Defendant, at around 24:49, kept a physical card connected to D’s account of community credit cooperatives (E) in the name of C, a collection book of the body card of the foregoing organization, at least two times in the building area located in Asan-ro, Seoul Special Metropolitan City, Asan-ro 243.

Accordingly, the defendant agreed to receive compensation and kept the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. 각 수사보고(피의자 사기 조직원과 나눈 위쳇 대화내용 첨부, 새마을금고 체크카드 사진 첨부) 법령의 적용

1. Relevant legal provisions concerning facts constituting an offense and reasons for sentencing under Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act: [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (special person) (the scope of recommendation and recommendation]; the basic area of recommendation; six months through one year and six months;

3. The Defendant: (a) promised to receive a price from a person who has failed to obtain a statement; and (b) held the physical card in custody; and (c) such a crime of violating the Electronic Financial Transactions Act may be used for other crimes, such as singing, etc. the means of access kept in custody with great social harm