A defendant shall be punished by imprisonment for six months.

Seized evidence referred to in subparagraphs 2 through 4 shall be confiscated.

Punishment of the crime

1. On October 12, 2018, the Defendant kept in custody from October 12, 2018: (a) around 17:00, at an irregular washing house established in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as Dongdaemun-gu) around October 12, 2018; (b) found the C bank card (credit number D) in the name of B, the name of which is known to be used for the crime and kept until October 15, 2018.

Accordingly, the defendant, knowing that he will be used in the crime, kept the access media of financial institutions.

2. On October 15, 2018, the Defendant: (a) at the laundry on October 15, 2018, at around 10:30 around October 10, 2018, the Defendant found the F bank card (the card number G) in the name of E, the name of which is known to be used for a crime, and stored until October 15, 2018.

Accordingly, the defendant, knowing that he will be used in the crime, kept the access media of financial institutions.

3. On October 15, 2018, the Defendant: (a) received a bank card in H’s name (credit number I) in the name of H, which was sent through Kwikset Service Delivery, from around 11, October 15, 2018, to the Defendant, at around 13:55, a new name in the Jongno-gu Seoul Metropolitan Government Type 413-0; and (b) around 11, 2018.

Accordingly, the Defendant acquired the access media of financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. A investigation report (J dialogue between the A and the upper line);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes governing evidence 2 through 4;

1. Relevant Article of the Act and Articles 49 (4) 1, 6 (3) 1 (a point of taking over an access medium) and 49 (4) 2 and 6 (3) 3 (a point of keeping an access medium) of the Act on Electronic Financial Transactions concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant, on the grounds of sentencing of Article 48(1) of the Criminal Act, took over and stored an access medium to take over, thereby participating in the phishing crime.

If the suspect was not arrested in the act of committing the crime, he would have withdrawn the cash using the access media that was taken over.

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