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Defendant
A Imprisonment with prison labor for two years and for six months, respectively.
Reasons
Punishment of the crime
Defendant
On July 19, 2017, A was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court, one year of suspension of execution, two years of suspension of execution, and the above judgment was finalized on July 27, 2017. On August 10, 2017, Defendant B was sentenced to imprisonment with prison labor for a crime of fraud, a violation of the Electronic Financial Transactions Act, etc. at the Cheongju District Court on August 10, 2017, and the above judgment became final and conclusive on November 3, 2017.
On May 10, 2017, the Defendants: (a) contacted with the mobile phone financial fraud organization with the name-free box (hereinafter “D”); and (b) withdrawn the money by receiving the check card, which is an access medium used for committing a crime; and (c) conspired to receive 2% of the withdrawal amount in return.
1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for an offense, unless otherwise provided for in any other Act, in using or managing the access medium;
Nevertheless, at the port of port around May 10, 2017, the Defendants conspired and kept six physical cards related to the E-name bank F and Korea bank G, H bank I and J under the name of the K, K, and M credit cooperative L and M for the purpose of withdrawing the amount of damage caused by telephone finance fraud.
In addition, on May 25, 2017, Defendant B, in collusion with Defendant A, kept the amount of damage caused by telephone finance fraud by delivering a physical card linked to the bank R account in the name of Q in the name of the non-person at the construction site near the “P” restaurant located in the GO located in the GO of Gyeonggi-gu, Gyeonggi-si. In order to withdraw the amount of damage caused by telephone financing fraud, Defendant B kept it around that time.
2. The fraud “D” is a telephone call on May 10, 2017, and the fact is an intention or ability to allow the victim S to provide a loan.