A defendant shall be punished by imprisonment for six 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, requesting or promising compensation, and no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that it is used in a crime.

그럼에도 불구하고 피고인은 2020. 3. 9.경 모바일 메신저인 ‘위챗’을 통해 연락하게 된 성명불상자로부터 “제3자 명의 체크카드를 전달받아 그곳에 입금되는 금원을 인출하여 지정하는 계좌로 무통장 송금해주면 인출금의 약 3%를 수당으로 지급하여주겠다.”라는 취지의 제안을 받고, 위 체크카드가 보이스피싱 범죄에 이용될 것을 알면서도 이를 승낙하였다.

On March 17, 2020, at around 11:31, 2020, the Defendant collected e-mail cards (E) connected to the Daegu bank account in the name of D, which was kept at the “C convenience store” located in Guro-gu Seoul Metropolitan Government, and collected e-mail cards (G) connected to the F’s community credit cooperatives account in the name of F from men whose name cannot be known at the same location at around 19:15 on the same day.

Accordingly, the defendant, knowing that he will be used in the crime, has kept the means of access by receiving and promising the compensation.

Summary of Evidence

1. 피고인의 법정진술 수사보고(위쳇 대화내용 확인) 수사보고(압수대상물 사진촬영 후 첨부) 법령의 적용

1. Each of the provisions of the relevant Act on criminal facts shall be punished by imprisonment with prison labor, respectively, for an optional concurrent crime under Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the act of keeping the means of access knowing that it is intended to be used for a crime), Articles 49(4)2 and 6(3)2 of the said Act (the act of keeping the means of access with promising payment) and Articles 40 and 50 of the said Act (the act of keeping the means of access with promising payment) of the said Act (the act of keeping the means of access).