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

Punishment of the crime

피고인은 중국인으로, 보이스피싱 전화금융사기 조직원인 성명불상자(위챗 대화명 ‘B’)로부터 ‘대한민국에 입국하여 타인의 체크카드를 수거한 후 현금을 인출하여 전달해주면 인출금의 2%를 주겠다’는 제안을 받고 이를 수락하였다.

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.

Nevertheless, on March 11, 2020, the Defendant entered the Republic of Korea around March 11, 2020, and around March 12, 2020, at Ansan-gu C, and around D around D, collected and kept a total of two e-mail cards in the name of E used for withdrawal of the amount of damage from telephone financial fraud from the person who was unaware of the name, as shown in the attached list of crimes on the same day.

Accordingly, the Defendant promised to pay compensation and kept the means of access of financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. 압수조서, 압수목록 수사보고(압수물 사진촬영 및 첨부, 피의자의 위챗 대화내용 확인) 법령의 적용

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Among concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is that the crime of violating the Electronic Financial Transactions Act, such as this case, can be used for other crimes, there is a high need for punishment.

The Defendant was expected to have entered the Republic of Korea to commit the instant crime, and to have the role of withdrawing and delivering cash with the stored cards.

However, the defendant is the first offender, and there is no profit actually acquired by the crime of this case.