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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] Defendant B was indicted for a non-detention of a crime of fraud at the Daegu District Court on September 29, 2017 and appealed for two years of imprisonment with prison labor for the same crime in the same court on October 25, 2018 and is still pending in the appeal court.
【Criminal Facts】
No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.
Nevertheless, around May 29, 2018, Defendant B submitted a proposal to the effect that, “When sending a physical card, Defendant B shall have a higher credit point by repeatedly creating transaction performance by sending it, and return it.” On June 3, 2018, Defendant B sent the physical card to Defendant A before Defendant A’s house located in Daegu Nam-gu D or E, and then borrowed KRW 10 million by accumulating the transaction performance and raising credit. The physical card was sent to the account of Defendant C because of the overdue value of the card. The physical card was sent to the lower bank and then sent it back to the lower bank account and then return it back to the lower bank account.” In other words, Defendant B consented to this and then, Defendant B issued the above physical card to Defendant CF account under the name of Defendant CF (hereinafter “CF bank account number 1”) under the name of Defendant CF (hereinafter “BF account number 1”) under the name of Defendant CF bank.
Accordingly, the Defendants, knowing that they would be used in collusion, lend one check card connected to the FF Cooperative account in the name of Defendant A, which is a means of access used in electronic financial transactions, and Defendant B, knowing that they will be used for crime, is in electronic financial transactions.