A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver, or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

피고인은 2018. 4. 12. 경 위 쳇 아이디 ‘C ’를 사용하는 성명 불상 자로부터 ‘ 빠른 시간에 물건을 받아 지정된 장소에 보내주면 하루 7~12 만 원의 일당을 주겠다’ 는 제의를 받고 이를 승낙하였다.

On April 13, 2018, around 13:25, 2018, in front of the D Building, the Defendant was found to have a ice containing one copy of the E-based bank e-mail card (F) and one copy of the national bank e-mail card (credit card number : G) from E, around 14:03 of Gangdong-gu Seoul, Seoul, H, 101 Dong 605, and one copy of the I bank e-mail card (credit card number : J) from E, respectively.

The Defendant discovered the said cards in the gambling room opened at the river station of the 1097 subway No. 5, the subway No. 1097, according to the direction of the above-mentioned person without his name, and knew that the said cards were used for the phishing crime, the said cards were put in a preliminary letter bag.

Accordingly, the defendant, in collusion with a person with no name, kept an access medium with the knowledge that the crime would be used.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on investigation;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. ‘C’ 와의 위 쳇 대화내용 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and Article 30 of the Criminal Act concerning the choice of punishment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. The reason for sentencing under Article 48(1)2 of the Criminal Act is that the defendant gives instructions to the staff of Bosing light.