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A defendant shall be punished by imprisonment for six months.
The evidence seized by the defendant shall be confiscated in subparagraphs 2 through 5.
Reasons
Punishment of the crime
No person shall, with respect to the use and management of a means of access, borrow or lend a means of access, or keep, deliver or distribute a means of access, or borrow or lend a means of access, or store, deliver or distribute a means of access with knowledge that they are to be used for a crime or to be used for a crime.
The Defendant, according to the direction of the person who was named in the means of access to be used for Bosing (B) and released cash deposited in the connected account of the means of access by using the means of access to be used for Bosing under the direction of the person who was named in C and D, and delivered the money to the linked account in accordance with the instructions of the person who was not entitled to receive the said name, and received 2% of the withdrawn amount as allowances. Around 09:20 on July 3, 2019, the Defendant, around 09:20 on two weeks, received G name H card (I) at the F branch located in Dong, and kept it, and upon the instruction of the person who was not entitled to receive the above name, deposited KRW 50,000,000 won in cash in the account linked to H card under the name of the above G, and recorded the said KRW 485,000,0000,0000,000 won in the account from 7.6.26.
Accordingly, the defendant, knowing that he would be used for the crime in return for compensation, kept the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. Seizure records;
1. The details of each B dialogue;
1. Application of Acts and subordinate statutes on receipt of remittance without passbook;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 and 3 of the same Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Legal provisions;