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【Defendant A’s imprisonment with prison labor for six months】
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A
(a) No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing any access medium;
Nevertheless, on May 2018, the Defendant would pay a fee of KRW 500,000 from KRW 50,000 to KRW 1 million per day if he sent a physical card from an employee in charge of the phishing crime.
“To receive the proposal.”
Although the Defendant knew that the act of transferring the physical card as above would be used for committing the crime of telephone financing fraud, etc., the Defendant, in response to the proposal, issued a letter of the physical card that was linked to the Defendant’s name in front of Incheon Gyeyang-gu Incheon Gyeyang-gu, at around May 23, 2018, via Kwikset service article, and sent the above physical card identification number to the Defendant.
Accordingly, the Defendant transferred the electronic financial transaction access media.
B. On May 28, 2018, the Defendant: (a) transferred (transfer) an account to an employee of the phishing criminal investigation officer as indicated in No. 1-A; and (b) on May 30, 2018, the victim E deposited KRW 5 million into the account; (c) on May 30, 2018, the Defendant voluntarily transferred KRW 5 million to the account in the name of the Defendant’s company bank (F) while keeping the victim at around May 30, 2018; and (d) transferred the account around 18:00 on the same day.
Accordingly, the defendant embezzled the victim's property.
2. No person who Defendant B shall transfer or take over any access medium in using or managing the access medium;
around 13:31 May 29, 2018, the Defendant sent one copy of the physical card to the Defendant from an employee engaging in the phishing criminal investigation who introduced himself as if he works for the physical distribution company called “G”, “if it is necessary to avoid customs duties due to import of raw materials from a foreign country,” the Defendant’s usage fee of KRW 500,000 per day.